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
  #1 (permalink)  
Old 10-18-2007, 01:56 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 EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status

10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status

* The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:

o Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.

o Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.

* Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.


Source: immigration-law.com

Is it true?
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 10-19-2007, 04:51 PM
Senior Member
Priority Date
:
Jan-05
Category
:
EB3
I140 Mailed Date
:
08/15/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Jul 2007
Posts: 301
senk1s is a jewel in the rough senk1s is a jewel in the rough senk1s is a jewel in the rough senk1s is a jewel in the rough
Default refer to this discussion on the topic

http://immigrationvoice.org/forum/sh...ad.php?t=14515 (Various lawyer's opinions on using both H1b and EAD together)
__________________
__________________
Disclaimer: NOT Legal Advice


Jan 2005 - EB3-PD
140/485/EAD/AP - Applied concurrently (Nebraska)

Aug 16, 2007 - RD, Oct 3, 2007 - ND (all case #s are LIN-08-00)
FP date Nov 6 (done)
i765 self and spouse - approved Nov 23
i131 self and spouse - lud Oct 9, Jan 30, Jan 31- doc mailed email Feb 4

i140 - lud Oct 4, Dec 18
i485 self and spouse - lud Oct 9, Nov 7, Dec 18
i765 self and spouse renewal e-file ND/RD -Jul 28 FP Aug 16 Cards recd Aug 28

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
Iceland Volcano - Travel; Status Impact mmk123 Non-Immigrant Visa 7 04-19-2010 03:37 PM
J1- status, Visa status, Waiver process after reisignation Keertireddy Non-Immigrant Visa 0 01-27-2010 11:39 PM
Name check status. Infopass giving incorrect status ? immi_seeker FBI namecheck delays and Writ of Mandamus 1 08-31-2009 07:08 PM
Extend Nonimmigrant Status saurav_4096 Non-Immigrant Visas 3 03-27-2008 05:39 PM
EAD and Impact on H-1B Status for EB-485 Applicants smartboy75 Retrogression, priority dates and Visa bulletins 6 10-17-2007 05:08 PM



All times are GMT -4. The time now is 02:01 AM.


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