H1 B expiring and filing I130 with EAD

Hi Anil,

I came here in US in mid march 2020 on H1B , this is my first time entry in US.

But because of current covid situation my employer is unable to find project(client) for me and its already been 2.5 months.

There is no pay statements generated so far but my employer asked me to submit the leave application for all this time of 2.5 month so that they can maintain my legal status without pay statement(not sure if leave application will really help to maintain the legal status ).

They will be paying me stipend amount $1500 / month for all this time.

I am really worried about my legal status here.

On other hand we are submitting my I130 , I485 and I765 this week.

My Questions are as follows :slight_smile:

  1. How much time it takes for I765 EAD after filing (Standard is 90 days) but I want to know if anyone has received their EAD within 2-3 weeks of submission.

  2. Since my H1B is expiring soon on 10th Sept , what if my H1 expires and I don’t receive I765 by that time ?

will I have to leave the county in that case ? will it affect my I130 and I485 by any means ?

will my employer still be able to file my H1 extension while I am waiting for I765 EAD?

  1. in case my employer is unable to find the project /client for me for 2-3 moths more fro now . what is the risk involved in my i130 and i485 processing in that case ?

your help is much appreciated !

Thanks :slight_smile:

Is your I130 approved or you are going to file it?

Hi Anil,

Thanks a ton for replying !
I am going to file it next week .

I don’t think you understand the whole family immigration process.

Which category of I130 are you filing? Who is sponsoring you?

What is your country of birth?

I won’t be able to ask follow up questions. You have to clearly explain your case to get any meaningful answer.

Hi Anil,

Sorry for not providing my details properly earlier.
My country of birth is india .
I am filing for dependent GC through F2A category and my husband is sponsoring it .

You can stay in US if your i485 is pending.

I130 approval is required to file i485.

You can check the current processing time for approval of F2A category I130 here.

The i485 EAD processing time can be seen here.

You will need to change your H1B status to some other type of visa if the I-485 has not been pending at that time to continue staying in US.

Thank you so much for clearing my doubts !!