回複:Should I request EAD expedite service?

My situation is a bit messy. I received a job offer in late May, so I hired my own attorney to file the EAD renewal instead of using my previous employer's lawyer. My EAD expires on September 4, and I started preparing for the renewal as soon as I received the offer letter.

My previous employer's attorney refused to provide me with a copy of I-485 receipt (it was mailed to them originally), so I gave my own attorney the receipt number to be included in the filing.
-You have the right to have the I-485 receipt. You can tell the lawyer that if he/she does not geive it to you, you will see hin/her in the court.

The application was sent in mid-June, when I left my previous job and joined the new company. The new employer would sponsor H-1B and obtained all the necessary documents from me before I gave my notice to the previous employer.

In mid-July, I received a rejection notice to the EAD application citing not providing I-485 receipt notice. I gave my attorney a copy of the finger print notice and refiled the application a week later.

After I started at the new job in late June, I learned that the new employer hasn't filed the H-1B transfer and I needed to use my EAD. The company's attorney told HR that it is ok to use EAD and later transfer over to H-1B. The H-1B application was filed in late July with receipt letter received at the end of July.

The EAD application check was cashed by immigration service at the end of July but so far I still haven't received any receipt notice.

My questions are:

Is it normal for a EAD receipt letter to take a month or longer to arrive?
-Yes. Sometimes it is late.

Do I qualify for the expedited processing of EAD?
-Not yet because it is pending for less than 3 months, but because your new employer has filed the H1 transfer for you, you can work for the employer with H1 even if your current EAD expires unless the H1 is denied before your current EAD expires. If your H1 transfer is approved, you do not need to use the EAD. I personally think your H1 transfer will be approved without a problem, so you do not need to worry about.

Do I need to get out of the country to activate the H-1B once it is approved? (I've been on H-1B visa for over 6 years)
-It your H1 approval has no I-94, you need to get the H1 visa outside US. Otherwise, you do not need to do it.

If the H-1B is rejected for whatever reason, and I still haven't received EAD extension, what's my best approach to resolve the issue?
-Visit USCIS local office to ask them to approve the EAD quickly.

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回複:回複:Should I request EAD expedite service? -v1v1en- 給 v1v1en 發送悄悄話 v1v1en 的博客首頁 (157 bytes) () 08/20/2010 postreply 13:09:25

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