Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > Work/Travel options after 485 : H1 Versus EAD/AP
Click to log in with Facebook
Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

Reply
 
LinkBack Thread Tools Display Modes
  #106 (permalink)  
Old 07-31-2007, 07:16 PM
Senior Member
Priority Date
:
Jul-01
Category
:
EB3
I140 Mailed Date
:
07/28/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
11/30/2004
Compare
Join Date: Feb 2006
Posts: 279
nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute
Default

Quote:
Originally Posted by micofrost
Guys , please read the form 131. And then judge for yourself.
I am putting a prt of it from 131 form.

"Advance parole is an extraordinary measure used sparinglyto bring an otherwise inadmissible alien to the UnitedStates for a temporary period of time due to a compellingemergency. Advance parole cannot be used to circumventthe normal visa issuing procedures and is not a means tobypass delays in visa issuance.
NOTE: If you are in the United States and wish to travelabroad, you do not need to apply for advance parole if both conditions described below in numbers 1 and 2 are met:
A. You are in one of the following nonimmigrantcategories:
1. An H-1, temporary worker, or H-4, spouse or childof an H-1; or
2. An L-1, intracompany transferee, or L-2, spouse orchild of an L-1; or
3. A K-3, spouse, or K-4, child of a U.S. citizen; or
4. A V-2, spouse, or V-3, child of a lawful permanentresident; and
B. A Form I-485, Application to Register PermanentResidence or Adjust Status, was filed on your behalfand is pending with the USCIS.
However, upon returning to the United States, youmust present your valid H, L, K or V nonimmigrantvisa and continue to remain eligible for that status."
I do not see the above mentioned information in I-131 form. Can you download the current PDF from the following link and point to me from where exactly you find the above information?

www.uscis.gov/files/form/I-131.pdf

All I can see now is the following in Part 2 of the application:
------------------------------------------------------------------------
Part 2 - Application type (Check one).
------------------------------------------------------------------------
a.

b.

c.

d. __ I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel.

-------------------------------------------------------------------------

No where in this document it is mentioned regarding whether you still hold your H1 / H4 or not.

Thanks
__________________
GC holder since on 6/27/2007
Contributed $100 for Advocacy day
Bookmark and Share Compare Reply With Quote


  #107 (permalink)  
Old 07-31-2007, 07:20 PM
Senior Member
Priority Date
:
Jul-01
Category
:
EB3
I140 Mailed Date
:
07/28/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
11/30/2004
Compare
Join Date: Feb 2006
Posts: 279
nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute
Default

Quote:
Originally Posted by fcres
Thanks subbu. So if my spouse who is a derivative on my 485 (but has H1 of his own) uses AP to reenter, he does not have to use EAD to work for his non-profit H1 employer? And i can also work on my H1 even if he uses AP. Did i interpret this the right way?
I think so. In my case my wife she was in H4 at that time, so I had no issues. You may need to consult with an attorney regarding his H1 though he is derivative in your I-485. [That too for non-profit].

Thanks
__________________
GC holder since on 6/27/2007
Contributed $100 for Advocacy day
Bookmark and Share Compare Reply With Quote


  #108 (permalink)  
Old 08-02-2007, 04:33 PM
Junior Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 6
mayflower_IL is on a distinguished road
Default using AP and H1 B status

Hi nlssubbu,

can you please tell us what would be the process of H1B extension after re entering into the US on AP.

If you reenter on AP, your status should be Parolee right?
Will they give new I 94 form at the POE?

Thanks in advance.
Bookmark and Share Compare Reply With Quote


  #109 (permalink)  
Old 08-02-2007, 05:14 PM
Senior Member
Priority Date
:
May-06
Category
:
EB2
I140 Mailed Date
:
08/02/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/27/2007
Compare
Join Date: Apr 2006
Posts: 417
a_yaja has a brilliant future a_yaja has a brilliant future a_yaja has a brilliant future a_yaja has a brilliant future a_yaja has a brilliant future a_yaja has a brilliant future a_yaja has a brilliant future a_yaja has a brilliant future a_yaja has a brilliant future a_yaja has a brilliant future a_yaja has a brilliant future
Default

Quote:
Originally Posted by micofrost
Guys , please read the form 131. And then judge for yourself.
I am putting a prt of it from 131 form.

"Advance parole is an extraordinary measure used sparinglyto bring an otherwise inadmissible alien to the UnitedStates for a temporary period of time due to a compellingemergency. Advance parole cannot be used to circumventthe normal visa issuing procedures and is not a means tobypass delays in visa issuance.
NOTE: If you are in the United States and wish to travelabroad, you do not need to apply for advance parole if both conditions described below in numbers 1 and 2 are met:
A. You are in one of the following nonimmigrantcategories:
1. An H-1, temporary worker, or H-4, spouse or childof an H-1; or
2. An L-1, intracompany transferee, or L-2, spouse orchild of an L-1; or
3. A K-3, spouse, or K-4, child of a U.S. citizen; or
4. A V-2, spouse, or V-3, child of a lawful permanentresident; and
B. A Form I-485, Application to Register PermanentResidence or Adjust Status, was filed on your behalfand is pending with the USCIS.
However, upon returning to the United States, youmust present your valid H, L, K or V nonimmigrantvisa and continue to remain eligible for that status."
The form also says that AP will be approved for the following reasons:
You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons; or
Being stuck in the AOS process for a few years (and deciding to switch to EAD from H1 during that time) is reason enough to be granted an AP. Also, I have not heard of anyone (atleast EB based 485 cases) whose AP has been rejected or anyone who has an AP is not allowed into the US.
__________________
Greened on 05/04/2011
Bookmark and Share Compare Reply With Quote


  #110 (permalink)  
Old 08-18-2007, 07:17 PM
Junior Member
Priority Date
:
Jan-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Apr 2006
Posts: 1
cbaid is on a distinguished road
Default 485 filed -but now retrogressed - can I get a 3-yr extn for H1?

Quote:
Originally Posted by nlssubbu View Post
I think so. In my case my wife she was in H4 at that time, so I had no issues. You may need to consult with an attorney regarding his H1 though he is derivative in your I-485. [That too for non-profit].

Thanks
Guys,
My i485 was filed in July, but my priority date is 02/07 - so I am now back to retrogressed. I am in my 8th year, and my HR tells me that because 485 is now filed, I can only get a 1-yr H1b extension.
However, because my 140 is approved, and I am retrogressed, I believe I should get a 3-yr extension.

Has anyone been through this situation? Am I eligible for 3 years?

Thanks in advance for all your responses
Bookmark and Share Compare Reply With Quote


  #111 (permalink)  
Old 08-18-2007, 09:33 PM
Senior Member
Priority Date
:
Feb-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 157
cheg will become famous soon enough
Default You should get 3 years

Since your PD is not current, you are eligible for a 3 year extension. So far though, I've read in some threads that even if some people are eligible for 3 years, they are only getting approved for 1 year. It really depends on the officer approving your case. If you ask me, USCIS is unfair for not following rules and just deciding on what they think is best. Good luck!

Quote:
Originally Posted by cbaid View Post
Guys,
My i485 was filed in July, but my priority date is 02/07 - so I am now back to retrogressed. I am in my 8th year, and my HR tells me that because 485 is now filed, I can only get a 1-yr H1b extension.
However, because my 140 is approved, and I am retrogressed, I believe I should get a 3-yr extension.

Has anyone been through this situation? Am I eligible for 3 years?

Thanks in advance for all your responses
__________________
Labor Cert Priority Date: February 2005
I-140 Approved: February 2007
Category: EB3 (Philippines)
I-485/I-765/I-131: Received by R. Williams on July 6 @ 9:18 am
I-485/I-765/I-131: Receipt Notice on Sept. 12, 2007
EAD Status: Approved on 09/21/07
Primary Applicant: EAD card received on 09/25/07
Spouse (me): EAD card received on 09/28/07
AP Status for Primary and Spouse: Approved on 10/22/07
Fingerprinting Schedule: 10/12/07 - Done
Bookmark and Share Compare Reply With Quote


  #112 (permalink)  
Old 08-19-2007, 12:41 AM
Senior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
06/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jul 2007
Posts: 494
Suva has a reputation beyond repute Suva has a reputation beyond repute Suva has a reputation beyond repute Suva has a reputation beyond repute Suva has a reputation beyond repute Suva has a reputation beyond repute Suva has a reputation beyond repute Suva has a reputation beyond repute Suva has a reputation beyond repute Suva has a reputation beyond repute Suva has a reputation beyond repute
Default

Parolees is different than EAD. Even if you enter USA using your AP it doesn't nullify your H1/H4. You can still continue your H1/H4 status. This is the information I have got from my lawyer.


Quote:
Originally Posted by cheg View Post
Let's say you want to take a vacation and leave the US, then when you re-enter the US, you're using your AP...You would be readmitted to the United States as Parolees to continue your adjustment of status applications.
__________________
Attended DC advocacy in 2010
Contributed over $200
Bookmark and Share Compare Reply With Quote


  #113 (permalink)  
Old 08-19-2007, 12:57 AM
Senior Member
Priority Date
:
Feb-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 157
cheg will become famous soon enough
Default Suva

Parolee is definitely different from using EAD. Yes, my lawyer said that one can retain H1 if you have a H1 stamp or revalidation after using your AP entering the US. Now if you don't have this H1 stamp or revalidation then that's when you'll be forced to use EAD and invalidate your H1 status. Applying for both AP and EAD is advisable so at least one has the EAD for back-up just in case something happens to H1.

Quote:
Originally Posted by Suva View Post
Parolees is different than EAD. Even if you enter USA using your AP it doesn't nullify your H1/H4. You can still continue your H1/H4 status. This is the information I have got from my lawyer.
__________________
Labor Cert Priority Date: February 2005
I-140 Approved: February 2007
Category: EB3 (Philippines)
I-485/I-765/I-131: Received by R. Williams on July 6 @ 9:18 am
I-485/I-765/I-131: Receipt Notice on Sept. 12, 2007
EAD Status: Approved on 09/21/07
Primary Applicant: EAD card received on 09/25/07
Spouse (me): EAD card received on 09/28/07
AP Status for Primary and Spouse: Approved on 10/22/07
Fingerprinting Schedule: 10/12/07 - Done

Last edited by cheg; 08-19-2007 at 01:01 AM. Reason: rephrasing
Bookmark and Share Compare Reply With Quote


  #114 (permalink)  
Old 08-20-2007, 04:10 PM
Senior Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/04/2007
Compare
Join Date: Jan 2006
Posts: 384
gimme_GC2006 has a reputation beyond repute gimme_GC2006 has a reputation beyond repute gimme_GC2006 has a reputation beyond repute gimme_GC2006 has a reputation beyond repute gimme_GC2006 has a reputation beyond repute gimme_GC2006 has a reputation beyond repute gimme_GC2006 has a reputation beyond repute gimme_GC2006 has a reputation beyond repute gimme_GC2006 has a reputation beyond repute gimme_GC2006 has a reputation beyond repute gimme_GC2006 has a reputation beyond repute
Default

Quote:
Originally Posted by cheg View Post
Parolee is definitely different from using EAD. Yes, my lawyer said that one can retain H1 if you have a H1 stamp or revalidation after using your AP entering the US. Now if you don't have this H1 stamp or revalidation then that's when you'll be forced to use EAD and invalidate your H1 status. Applying for both AP and EAD is advisable so at least one has the EAD for back-up just in case something happens to H1.
I dont understand, sorry.

If I have H1 stamp, why in the first place I will use AP?
Am I missing anything?
__________________
EB2/PD Dec 2005 (India)
I-140 - Approved 06/2006
I-485 - RD 08/08/2007

485 Approved 08/18/2010
Bookmark and Share Compare Reply With Quote


  #115 (permalink)  
Old 08-20-2007, 04:18 PM
Senior Member
Priority Date
:
Jul-01
Category
:
EB3
I140 Mailed Date
:
07/28/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
11/30/2004
Compare
Join Date: Feb 2006
Posts: 279
nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute
Default

Quote:
Originally Posted by mayflower_IL View Post
Hi nlssubbu,

can you please tell us what would be the process of H1B extension after re entering into the US on AP.

If you reenter on AP, your status should be Parolee right?
Will they give new I 94 form at the POE?

Thanks in advance.
H1b/H4 extension is renewal process is same as before and there is no change in the procedure.

Yes. If you reenter on AP, your status on I-94 will be Parolee and you will get a new I-94 stamped. In our case, we got the I-94 valid for an year from the date of entry. (Not based on validity stated on the AP document and do not know why?)

Thanks
__________________
GC holder since on 6/27/2007
Contributed $100 for Advocacy day
Bookmark and Share Compare Reply With Quote


  #116 (permalink)  
Old 08-20-2007, 04:24 PM
Senior Member
Priority Date
:
Jul-01
Category
:
EB3
I140 Mailed Date
:
07/28/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
11/30/2004
Compare
Join Date: Feb 2006
Posts: 279
nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute
Default

Quote:
Originally Posted by gimme_GC2006 View Post
I dont understand, sorry.

If I have H1 stamp, why in the first place I will use AP?
Am I missing anything?
1. You may have a valid H1B/H4 stamping in your passport and you may enter using this.

2. If you do not have a valid H1b/H4 stamping, but have a valid H1B/H4, you may need to get an appointment with your respective embassy to get it restamped. Using AP does will eliminate the process of appointment and valid stamping needed in your passport.

3. Using AP can also eliminate the bulk of paper work needed to be carried along with the H1B. [H1B/H4 Papers, Employment letter, Pay slips, etc]

AP is used just for convenience
__________________
GC holder since on 6/27/2007
Contributed $100 for Advocacy day
Bookmark and Share Compare Reply With Quote


  #117 (permalink)  
Old 07-06-2015, 02:31 AM
Facebook User
Priority Date
:
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jul 2015
Posts: 1
AndrewsNaranjo is on a distinguished road
Post Ead

Good day! I would like to know why children are given EAD status? What are the benefits of having an EAD for children?
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
unemployment benefits on EAD ganugapati Immigrant Visa 6 11-18-2010 02:01 PM
Disability benefits ak_2006 Documents, Filing, forms, directions and mailing 4 04-21-2009 12:23 PM
Tax benefits on EAD p_kumar Work/Travel options after 485 : H1 Versus EAD/AP 13 12-30-2007 09:59 PM
Benefits of EAD carbon Retrogression, priority dates and Visa bulletins 1 12-21-2006 10:16 PM
How about some benefits to H1 gc_rip Retrogression, priority dates and Visa bulletins 2 09-12-2006 05:30 PM



All times are GMT -4. The time now is 01:57 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org