What is the advantage of having EAD?

**BlueSapphire** · 30th October 2003, 12:38 AM

Hello,

Can anyone please tell me if there is any advantage of having EAD when my visa is still valid for 8 more months.

I've applied for I-140 and 485.
140: ND: 6/19/03.
485: ND: 8/30/03.

Thanks in advance!!!

**LiveAndLetLive** · 30th October 2003, 05:21 AM

Feels better

There is no advantage as such.

**BlueSapphire** · 30th October 2003, 09:21 AM

Thanks LiveAndLetLive !!!

**Rasmeek** · 30th October 2003, 09:59 AM

Guess you need it to change jobs after 6 months.

Related question -- Do you need advance parole if you have a valid H1.

**BlueSapphire** · 30th October 2003, 10:15 AM

Thanks Rasmeek!

What is advance parole? Is it something you need to go out of this country and enter back in?

I am not sure about your question; I will ask my company and see what they have to say.

Does it mean that I will not be able to change jobs after my 140 approval if I don't have EAD? In other words, is it necessary to have EAD in order to change jobs after 140 is approved?

As I knew, 2 conditions should be met in order to be able to change job:
1. 140 should be approved.
2. 6 months should elapse from the date of 485 ND.

Would you please let me know if one must have EAD also along with the above 2 conditions.

**Rasmeek** · 30th October 2003, 11:04 AM

EAD is the Employment Authorization.
You need it!!!

You can work in the country on H1 / EAD/ GC / Citizenship.

If you dont have EAD the new company will have to do an H1 and you sure dont want that.

Would appreciate info on Advance Parole.

**usnycus** · 30th October 2003, 11:25 AM

Rasmeek

Advance parole:

Document issued by BCIS for people who have AOS pending. It allows them to travel abroad and return to the U.S. without a visa.

It can be applied by submitting I-131 with related fees/docs to BCIS after/at time of submitting I-485.

If the applicant didn't apply for Advanced Parole at the time filing AOS application, and he/she genuine emergency need to go temporarily out of US, and he/she can prove that, then he/she can go to nearest BCIS office and get it immediately(may be on the spot or within 2-3 days.)

**usnycus** · 30th October 2003, 11:30 AM

LiveAndLetLive and BlueSapphire

Advantage of EAD:

One can use EAD for partime work along with fulltime and that is not possible with H1-B without getting second one.

**BlueSapphire** · 30th October 2003, 11:55 AM

Thanks everyone!!! I appreciate all the info. It has been very helpful to be a member of this forum.

Now, since my visa is still valid, I don't need EAD to travel abroad and return. Is that right?

usnycus, now I understand why my company is hesitating to apply for my EAD also.

**usnycus** · 30th October 2003, 12:05 PM

BlueSapphire

EAD is not a traveling document by itself. You need either VISA or Advance Parole to enter US.

You also need EAD to work in case you have problem getting into US using H-1B and opted to use Advance parole at Port of Entry.