AP and EAD for a CP case already in US on H1

[imqwer]

Hi Gurus,
My GC/CP case is pending at Islamabad consulate due to FBI name clearance. I suspect it will take a long time to get cleared. Already six months have passed. I am already in the Us on H1B. I have two questions.

1. Is there a way to get Advance Parole + EAD without abandoning the CP case i.e. without going for AOS route?

2. Is it possible to start the AOS while the CP case is still pending? I mean can they both be carried out in parallel?

Any help is greatly appreciated.

 

[confused cp]

my 2 cents

Hi Gurus,
My GC/CP case is pending at Islamabad consulate due to FBI name clearance. I suspect it will take a long time to get cleared. Already six months have passed. I am already in the Us on H1B. I have two questions.

1. Is there a way to get Advance Parole + EAD without abandoning the CP case i.e. without going for AOS route?

2. Is it possible to start the AOS while the CP case is still pending? I mean can they both be carried out in parallel?

Any help is greatly appreciated.

In my opinion, the AP/EAD can only be obtained on the basis of a pending I-485. e.g For EAD, the CIS form I-765, requires the justification for issuing an EAD and for a pending 485, you have to put in C-9. I believe same is the case for Advance parole.

So if your case consists of an approved I-140 and your consular processing is held up for security clearance, I dont believe, you will be eligible for AP/EAD on the basis of this particular application. (I am guessing specifics of your case)

The only other way I guess would be that you start a new process altogether, with a PERM labor certifcation. When that is approved you can file a concurrent I-140/I-485 and also apply for EAD/AP in the same aplication. But this too much hassle and would cost a lot also. May be you could do a NIW based I-140/I-485, if you are eligible, in which case you dont need a labor cert. Also I am not sure but i think it will not impact your existing CP case

Hope this is helpful.