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Tea33

H1B expires, EAD still before 90 days, what to do? Help!

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Hi there, I've been a teacher for 9 years, under H1B, now that the 1-140 is pending, my lawyers just applied for AOS and EAD. However my H1B expires in a week and the EAD is still pending. Lawyers just told me that i needed to go to the immigration office and apply to have it approved. However their advice is never clear and always late. My school district doesn't know what to do, of course I panicked since if I don't get it approved this week, I won't be able to go to work no more, I will be terminated. This means I leave my students in the middle of testing, my team incomplete, and a class with no teacher in the most crucial time of the year. I have an appointment for two days after my visa expires. My district is advising to just go in person (before the appointment date)and to see what can be done. I read in this forum different things regarding the EAD, like to call USCIS to expedite it and to bring a letter from my district, what would you recommend? Please help! I am going crazy with this situation, I trusted my lawyers, but they don't say nothing. And if I lose my job, I lose my house, car everything... I have been awarded teacher of the year twice and in general I am in every event/ committee that the school has needed for the past 9 years!

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Presumably you mean your Employers Lawyers.

Anyway that does not sound right, never heard of of being able to visit a local office.

If the Lawyers are not doing their job then the best bet would be get ones that are.

Expedite seems possible but not sure if it is something you or your Employer applies forl.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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As long as your H1B and I-140 is filed before your expiration date of the current H1B you are fine. If you receive the first notice treat it as the extension until your case is denial then you are out of status. Other than that there is nothing to worry about.


Marriage : 2006-05-17

-------------------------
USCIS Process
-------------------------
I-130 Sent : 2007-06-12
I-130 Approved : 2007-12-05
Status: Take 179 days to complete, because of notarize marriage certificate(RFE).

-----------------------
NVC Process
-----------------------
NVC Received : 2007-12-06
Case Completed at NVC : 2008-03-13 Case Complete Forward to Embassy
Case Left NVC : 2008-03-18
Status: Take 97 days to complete, because of the tax return and w2 (RFE),

-----------------------------
Consulate Process
-----------------------------
Consulate Received : 5/12/2008 Eligible for interview, waiting for notice (Per DOS)
Packet 4 Received : 6/11/2008
Interview Date : 7/10/2008 interview at 7:15am (Per DOS)
Blue - Required Overcome. Overcome send 7/24
8/19/2008 Going back to GUZ to get visa stamp
Visa Received : 8/22/2008
US Entry : 10/17/2008 JFK Port of Entry

-----------------------------
Citizenship Process
-----------------------------

N-400 Filed: 11/25/2012

Interview Date: 1/2013 (Passed)

Ceremony: 03/2013

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