AnnetteG

i actually did try to update my timeline, but for some reason i'm having problems. I did apply for an AOS, EAD etc on the same date...

as for renewing the H1B, I did consider that and started on the process. There were some issues with some documents i needed to get...some very old school records that no one seems to know where they might be. I had tried for about three months just to find out if anyone had them (including emails to the MP and MPP, and every ministry i could think of), to no avail. Then several weeks of trying to get though to the agency that dealt with the Visa Screen here. They suggested i make an appointment and go to their office..in PA...i'm in CO with absolutely no guarantee they could even help me...especially frustrating since what they kept suggesting i do, i had done already,and had documents indicating that what they asked for wasnt available. sooooo...by this time it was getting close to the wedding, so I just figured I'd go the other route, rather then pay twice for the same thing.

I'm sure all of you know just how frustrating all of this is. It seems no matter what you try, something is in place to make things more complicated!

I'll try to adjust my timeline again...maybe i'm just dense becuase i'm sleepy (i work nights and havent been to bed yet!)

BTW..how do you know something was 'touched'? Also, how long does it take for things to appear in the computer? My AOS showed up really quickly, however nothing else can be accessed.

thanks to you all for answering by the way...its so nice to talk to others who are going through all of this as well.

Annette

I have an appointment next thursday with INFOPASS, and I'll be able to bring in the letter from my employer. I figured I'd write one myself as well..who knows what will help!

Has anyone every gotten or applied for an emergency interim EAD well before the 90 day window? My employer is freaking out because I wont be able to work till I get my EAD..which could be another couple of months. I'm in the healthcare field, and my position is a critical one. The HR department is willing to write a letter stating they desperately need me at work, and that without me, patient care will be impacted. Do you think that will work? Any suggestions?

Thanks:)

Annette

My husband was here on a H1B visa before we met and married and it expired before he received his current EAD and per our lawyer you are NOT allowed to work unless you have your new EAD card. When did you apply for the new EAD? It should only take 90 days to get the new one. Good luck and keep us posted on your progress.

this is what i found online...however it seems to me even the lawyers are sometimes unsure..the one that was dealing with my case three years ago said as long as the new application is filed before the old one expires youre ok....if you read #4 of this list, it seems to agree with him. I sent out my EAD on thursday....if worst comes to worst and work says i have to stay home, i'll suggest they contact USCIS directly themselves as well, because i'm considered an essential worker. Plus i've been putting off some knee surgery.....if nothing else, maybe its time i got it fixed and was off work for awhile...i can use my EIB up...

thank you so much for replying to me by the way..

Annette

This is what i found:

We will answer your questions in the order they were asked:

1. There is no need to "activate" your current EAD card.

2. We would suggest that you apply for your new EAD card at least 120 days before your old card is going to expire.

3. As long as you have a valid application for adjustment of status pending with INS, you can remain lawfully in the US after your H-1B status expires.

4. Under newly enacted legislation, you can obtain an additional year extension of your H-1B. Therefore, if a bona fide petition is filed before your H-1B status expires, you can continue to work. Also, the law provides that a person who has filed a bona fide application for adjustment of status may be employed. So, on the basis of that law, you can also continue to work.

5. You can apply for an extension. Whether to do so, or not, is up to you. If you don't need to travel on the H-1B (you can still travel on an advance parole), and you are fairly certain of being granted adjustment of status, an extension of your H-1B is probably not necessary. Good luck.

I'm wondering if anyone has been in my shoes. I'm married to a US citizen, have been here on an H1B, which expires Feb 18/08. I'm applying for my AOS and EAD. I want to know if I can work between the time my H1B expires, and I recieve my EAD. I'm getting conflicting answers. Some indicate that technically I shouldnt but since i'm married to an American, I can, and it will be 'forgiven'. I'm also finding some information that says since i'm applying prior to losing my 'legal' work status, I can continue doing so until i get my EAD.

I'm hoping someone out there can help me out....i'm so confused, and sooooo stressed!!!

Annette