All I485/EAD/AP questions and discussions here

[MARY_GC]

Originally Posted by amsaleem

If the applicant has plans to work he needs EAD, Otherwise NO
If the applicant has plans to travel he needs AP(to re-enter back to US), Otherwise NO. Once you file your I1485 you are on AOS status. You need H1 or EAD to work. H1 or H4, or AP can be used to re-enter US as well. Hope this clear your concerns

Thanks for the reply

[MARY_GC]

Originally Posted by gcwanter

Its not NECESSARY to apply for EAD for kids.

especially if they are under 10 as they cant work until 14.

Its just another application and an another thing for follow up every year.

during 485 stage only the 485 is mandatory. 131 and 765 are totally OPTIONAL.

Thanks....

[yogi13]

Thank you for taking time to reply my query. I do have BC. But in her birth cerificate, it mentions only the first names of her and her mother although her father's full name is mentioned. And the mistake in in surname. The muncipalities in India register the birth in this manner, their explanation being that a child's full name is his/her first name followed by the father's full name. Similarly a married woman's full name is her first name followed by the husband's full name. I know this is not necessarily true in the USA.
Do they will consider it as evidence?

[MARY_GC]

Originally Posted by ksircar

Yes, you need to apply for EAD for your kids at the time of filing I485. I did same for my kids. Hope it helps.

I think i will wait for some more time ksircar before applying EAD for my kid right away just to avoid unnecessary confusions with uscis.Because we can do that anytime right even if the dates retrogess or becomes unavailable.what you say?

[royus77]

Originally Posted by onemorecame

According to my Attorney. ITs not required because he won't work. but AP is required if he won't to go out of country.

Same with me .Thats kind of question i posted to my Attorney . Kid will be in the AOS status onc you moved away from your H1B.However ,they need a APO

[eb3_nepa]

Guys the I-485 processing is ALWAYS by PRIORITY Date and NEVER by Receipt Date. Atleast that is how it is Intended to be. Ofcourse USCIS does do a lot of random picking nonsense these days!

It is called "Priority Date" for a REASON

[royus77]

Originally Posted by ksircar

Yes, you need to apply for EAD for your kids at the time of filing I485. I did same for my kids. Hope it helps.

Stop telling incorrect info . Unless you want to send your Kid for work ,they dont need EAD . EAD is Employment Authorization document . He will be in Adjustment of Status if you moves to EAD

[eb3_nepa]

EAD enables you to WORK Within the US.
AP enables you to leave the US and enter without a Stamped Visa

End of story.

[sea211]

Originally Posted by eb3_nepa

Guys the I-485 processing is ALWAYS by PRIORITY Date and NEVER by Receipt Date. Atleast that is how it is Intended to be. Ofcourse USCIS does do a lot of random picking nonsense these days!

It is called "Priority Date" for a REASON

NO. According to my attorney, it is based on receipt/notice date for all current PDs. For now as PDs are current for everyone, PD has no value. Once PDs retrogress in the future, PDs will start playing importance.

[nk0530]

Do we need to send all I94s and H1 Approval notices ever had with 485 filing or only the ones since last entry?

I sent only the ones since last entry for myself, wife and son. Is this going to be an issue?

We are on our 9th year now and have completely no copy of the very first I-94 that we were given when we came to US in 1999. After that we had multiple extensions, visa stamps and I94s. We have all that but just not the initial one. Can this cause an issue? Should we just send it all in when we get the receipt number from our cases? What should we say about the one that we don't have(surrendered at the airport)?

Thanks

[PD_Dec2002]

From http://www.jackson-hertogs.com/jh/faq/6054.pdf:

Q: My child is under the age of 14, but has received a fingerprint appointment? Can I ignore this notice?

A: No, you cannot ignore this notice. Although your child is under 14 years of age and you did not pay the fingerprinting fee for your child, he/she must still appear at the ASC if a fingerprint notice has been issued by the USCIS. Your child is being called in for a biometrics appointment, a “code 2.” The biometrics appointment is necessary for the generation of the Permanent Resident Card (“Green Card”) so it is important that all individuals who receive the notice appear at the ASC at the scheduled date and time. Your child may be called in to re-do the biometrics appointment depending on the length of time that has passed since the initial appointment.

Thanks,
Jayant

[GCBy3000]

Understood, but still some questions.

1. Assume you are in H1b valid till 2007 end with visa stamping expired.
2. You travel with AP.
3. WHen you enter, you use AP. So will you have I94 or not? I heard that from then you will have parolee status.
4. Being in Parolee status, is it possible for you to work in H1b again after re-entering or should you invoke EAD?
5. If yes, you can be in H1, then how will you extend it without I94.
6. If no, then if you use AP, then you have to EAD.

??? ANy idea??

Originally Posted by amsaleem

If the applicant has plans to work he needs EAD, Otherwise NO
If the applicant has plans to travel he needs AP(to re-enter back to US), Otherwise NO. Once you file your I1485 you are on AOS status. You need H1 or EAD to work. H1 or H4, or AP can be used to re-enter US as well. Hope this clear your concerns

[lj_rr]

latest i-94 and all I-797s are good enough.

[GCBy3000]

HOw come USCIS could give authorization for KIDS TO work? So if your kids work, it is not against the law as USCIS authorized it. I dont understand how USCIS can authorize a kid to work when it is against the law.

Originally Posted by ksircar

Yes, you need to apply for EAD for your kids at the time of filing I485. I did same for my kids. Hope it helps.

[nk0530]

That's a relief.
senior members: please pitch in if you believe otherwise, Thanks.