Legal Question in Immigration Law in Missouri

hi,

i am working in an engineering firm since june 2006. i was in opt for the first 4 months, then filed my h1b. I got my h1 b on oct 06. then i filed my perm and it go approved on april 2009. then i applied for for my green card. both i 140 and i 485 along with ead was filed on jun 2009. (at that time my lawyer told me to not to extend my h1b and file ead). i got my ead in july 2009. i did not renew my h1b and it expried on oct 2009. i have been working in my ead since then. do i need to submit any form to uscis to let them know that i am working on ead? also my 140 and 485 both are pending. what shall i do now? shall i work continue working on ead or apply for my h1b renewal? what is the difference bet in woking in ead and h1b? what are my option in case my i140 is denied? do i need to submit I-9 to usic as i started to work on my ead.

please suggest.


Asked on 2/02/10, 8:09 am

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

You can either continue renewing your H1b (which is preferred) or decide not to renew H1B and work on EAD (usually, not recommended).

If you already work on your EAD, you and your spouse can't renew H1B/H4.

That is up to you to decide. For the specifics, consult your lawyer or another qualified attorney in private.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 2/07/10, 10:26 am
Jalesia McQueen McQueen Awad LLC

Recently I had a client that was on an H-1B and chose not to renew. We had filed the I-485 and I-140 for him. He also had his EAD. His I-140 got denied in error so they terminated his EAD. Because he was a Canadian citizen it was easy for him to renew his H-1B relatively quickly. He has since got his I-140 approved. We normally always suggest that you renew your H-1B even if you have your EAD because if your I-140 is denied you would have to stop working immediately. If you have your H-1B already and your I-140 is denied there would not be a break in your emploment. You could continue working. Let me know if I can be of any assistance. I offer free consultations. Good luck!

Jalesia "Jasha" McQueen Gadberry

McQueen Gadberry LLC

10805 Sunset Office Drive Suite 300

St Louis MO 63127

314-238-1368

http://www.mcqueengadberry.com

Please note this is intended for general information and does not form an attorney-client relationship.

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Answered on 2/07/10, 1:16 pm


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