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Immigration Issues/Expiring H1B with pending family-based I-485 and work authorization

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Question
My 6th year of h1-b is expiring on July of this year but I recently filed for I-
485 and work authorization too through family-based petition.  Lawyer said it
takes about 90 days for approval of work authorization.  Will it be possible for
me to continue working with my h1-b employer after h1-b expires?  Is there
like a grace period after h1-b expires?  Thank you.

Answer
Hi,

You can remain legally in the U.S. after your H1B status expires in July based on already filed I-485 (adjustment of status) application. However, you cannot be employed after your H1B expires in July until your EAD (employment authorization document) card has been issued based on I-485 filing. There is no grace period applicable for employment authorization.

You may wish to consider filing for extension of H1B beyond July if you have been absent for any length of time--you can "recapture" this time to enable you to receive the full six years of H1B status that is allowed. Extensions of H1B status beyond six years are possible only if an application for alien employment certification (also known as PERM), or I-140 petition is filed at least one year before you complete six years in H1B status.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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