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Question
I have an Indian passport and am going to graduate with PhD soon.  I have applied for OPT with a requested start date of 26th march 2008 and my application is pending.  I already have a job offer and the company is willing to sponsor my H1 and should be ready to file on 1st April 2008.  What happens if I do not get my EAD card (OPT card) on time (i.e before 31st march)?  Do I need EAD card to file for H1 which will start on Oct. 1st 2008?  Can we still file for H1 just based on my I20s?  Obviuosly I can not start working before I get my EAD card but I can always do that even if I receive my EAD card on lets say 2nd April (I can start working on 2nd april).  We would still be safe as we would have already filed for my H1.  I already have a Masters from US so we can always apply for H1 in advanced quota but since they get filled up fast it would be safe if our application reaches on 1st April.  Is there any relation between EAD card and H1 application?

Answer
Vineet,
You can file the H1 without having an EAD.  I have helped many Ph.D. students file and EB1 or NIW to allow them to progress through the green card process and would welcome the opportunity to evaluate your credentials.  You may send me a copy of your CV to mark@ashleykrishnan.com.
Good Luck
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

Expertise

Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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