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i'm now in the initial stages of I485 application. with a lot of I485 applicants mentioning the EAD/AP acquisition, i would like to know if it is required to file for Employment Authorization Document/Advance Parole with the immigrant application process, or if it is just optional.
i have a valid H1 until dec 31, 2014, with pending 3-year h1b extension after the I140 approval. should i need to travel outside US with I485 pending, do i have to have the AP with me? or can i reenter with my h1?
if i were to use the AP for reentry to US, do i have to go through the US consulate in my home country before i reenter US? same with the H1?
im thinking that applying for the EAD at this point will just add complications to my I485 application (possible RFE for EADs/AP), so im thinking of just holding out until i get my GC before adding a second job.
You can reenter with your H1. Just be careful to not go out after the stamp expires, since you never know with the consulates. If you travel for restamping and get stuck in the security checks limbo or something else, it would be awful.
It's unusual for them to RFE the EAD or Advance Parole application. The filing fee includes them now, so you might as well request them. As Collective says, you can reenter with your H-1B, and the caution about the stamp expiring is a good one. But if you get an EAD and AP, you have them to fall back on if a problem arises with the H-1B re-stamp. But, that being said, you are usually better off under an H-1B than and EAD/AP because if, heaven forbid, the adjustment application is denied, you still have a legal status with the H-1B. With the EAD/AP, you'd have nothing after the denial.
It's unusual for them to RFE the EAD or Advance Parole application. The filing fee includes them now, so you might as well request them. As Collective says, you can reenter with your H-1B, and the caution about the stamp expiring is a good one. But if you get an EAD and AP, you have them to fall back on if a problem arises with the H-1B re-stamp. But, that being said, you are usually better off under an H-1B than and EAD/AP because if, heaven forbid, the adjustment application is denied, you still have a legal status with the H-1B. With the EAD/AP, you'd have nothing after the denial.
it seems usual for indian national applicants (especially those in EB2 with long queues before their PDs get current) to get those RFEs for EAD/I94/I797 when applying for I485, so i was wondering if that applies to the applicants from the rest of the world, especially those that are current.
it seems usual for indian national applicants (especially those in EB2 with long queues before their PDs get current) to get those RFEs for EAD/I94/I797 when applying for I485, so i was wondering if that applies to the applicants from the rest of the world, especially those that are current.
While Indian nationals seem to get RFE'd more often than other nationalities in general, I haven't really seen it for I-797s or I-131s. The RFEs tend to be on the I-485 itself.
While Indian nationals seem to get RFE'd more often than other nationalities in general, I haven't really seen it for I-797s or I-131s. The RFEs tend to be on the I-485 itself.
you dont seem to get what i said, or i didnt write it clearly enough, i dont know. i meant that when indian nationals apply for I485 in EB2 queue, they often get RFEs that require replying with their EADs/APs/I797s/I94s, especially when it's RFE for employment verification.
i'm now in the initial stages of I485 application. with a lot of I485 applicants mentioning the EAD/AP acquisition, i would like to know if it is required to file for Employment Authorization Document/Advance Parole with the immigrant application process, or if it is just optional.
i have a valid H1 until dec 31, 2014, with pending 3-year h1b extension after the I140 approval. should i need to travel outside US with I485 pending, do i have to have the AP with me? or can i reenter with my h1?
if i were to use the AP for reentry to US, do i have to go through the US consulate in my home country before i reenter US? same with the H1?
im thinking that applying for the EAD at this point will just add complications to my I485 application (possible RFE for EADs/AP), so im thinking of just holding out until i get my GC before adding a second job.
i hope for the experts to weigh in on this.
It is not required. But since the price of the I-485 includes employment authorization and advance parole "for free", it'd be foolish not to apply for it. The reason why I say this is because I'm sure you already know your H1B is portable, so long as you have one valid I-129. H1Bs are dual intent non-immigrants, meaning although they're in a non-immigrant category, they can have (and show) intent to immigrate without worry.
To give you an example: Your current I-129 expires 12/31/2014. Your second I-129 hasn't been approved. What happens to you if the second I-129 is denied for cause and your first one gets revoked while you're outside the US? You have no entry to the US is what happens. You'd be starting over from scratch with a new H1B process unless you can convince inspection officials to grant you a one time use advance parole to re-enter the US once you get off the plane. And if what I've said above happens, the odds of you getting a sympathetic inspection officer to let you in are slim to none.
If you have the I-512, you can still enter on the pending I-485 and use your EAD to find a new I-129 petitioner instead of starting out from scratch over seas. Additionally, having the pending I-485 prevents you from gathering unlawful presence or visa violation inside the US. The reason for that is because the I-485 stops the clock, while the EAD allows you to work for anyone. If you lose your job and you don't have an approved EAD, you're not eligible to work for anyone other than an approved I-129 petitioner. Having a pending green card entitles you to apply for the EAD, it doesn't automatically grant you authorization to work for anyone until the EAD is approved.
If you use the I-512, you will not have to go through consular processing unless something goes wrong with the I-485 and your H1B simultaneously. See above. If you have a legitimate claim to the EB2 category, the odds of both the I-129 and I-485 going bad at the same time are slim to none.
As to your most recent post about Indian nationals being RFE'd more often, crunch the numbers.
1. If the bulk of I-140s were being eaten up by Nigerians, Nigerians would have the most RFEs issued. They're not. It's Indians who are eating up the EB green cards.
2. If you were educated in the US and are using your US credentials to get the EB green card, there would be less RFEs issued because everything is verifiable within the US. If you're using an Indian degree, plus "certificates" that were issued in India and "employment letters" from Indian companies, and there is reason to suspect that the company which filed the I-129 is an H1B mill (Tata Consultancy etc), and the I-140 company itself is suspect, you're going to get a lot more RFE's because the degree has to be converted, experience has to be reviewed and authenticity of those documents has to be verified. Not to mention review of the I-129/140 companies.
Trust me, it's not some conspiracy against Indians. But statistically speaking, if Indians are eating up the most EB green cards, then statistically speaking, Indians are going to be committing the most amount of fraud on their applications. Therefore, they will have the most RFE's issued.
Do what you can to make life easier and protect yourself. Apply for the I-131/765 at the same time and get your I-512.
thank you! i'm just beginning to grasp the fact that indians are lapping up most of the EB greencards now that i'm at the I485 stage. and i didnt give a thought to the possibility of my current H1b being revoked if i'm outside the US. i'm on healthcare and have yet to hear of a healthcare professional's H1b being revoked, though of course it could have happened.
i'd like to ask you. since i've had multiple address changes in the past 7 years but all happened well before my I140 application, is there a possibility that i would get RFE for all those address changes once the I485 application is filed? i did have 2 prior employers before my current one as well, but i hope not to get RFE for continued eligibility/employment verification for those as all were straightforward employments.
thank you! i'm just beginning to grasp the fact that indians are lapping up most of the EB greencards now that i'm at the I485 stage. and i didnt give a thought to the possibility of my current H1b being revoked if i'm outside the US. i'm on healthcare and have yet to hear of a healthcare professional's H1b being revoked, though of course it could have happened.
i'd like to ask you. since i've had multiple address changes in the past 7 years but all happened well before my I140 application, is there a possibility that i would get RFE for all those address changes once the I485 application is filed? i did have 2 prior employers before my current one as well, but i hope not to get RFE for continued eligibility/employment verification for those as all were straightforward employments.
If you've accurately listed all your residences, submitted change of addresses for places you've lived longer than a month, and complied with the terms of your visa, then you have no worries.
The bottom line for immigration is simple. It's not easy, but it's simple. If you're legitimately entitled to the classification you seek, then you won't have any major set backs. I'm not saying USCIS is perfect and won't mistakenly RFE you for things they already have or make a mistake in interpreting a document. It's a huge agency with 18,000 employees. Not every person in the agency is in communication with the other 17,999 and things happen. There are appeals processes for almost everything and you can always submit a request to reconsider. And if USCIS' is wrong, the fee in being wrong is on them unless it's a novel issue of law. They don't like court any more than you do.
But it's rare that they'd give you a hard time just because they don't like your photograph.
It's USCIS. They've seen stranger things than your picture and they've processed more H1B health care related green cards then you'll ever meet in your life.
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