Canada Landing possible w/o AP? EAD received. I-140 pending. I-485 in process.

[vsshah]

Dear Members,

My relative has applied for USA GC.

He has received his EAD. His I-140 is in process and pending(not approved yet, will not be approved before Feb 2008). I-485 is also filed and in process.

He has to land Canada before January 25th 2008 and come back to USA in 2-3 days. He got passport stamp etc.

Is it possbile for him to land and come back to USA w/o advance payrole?
If no then, how much time it takes to get advance payrole?
If it takes more than 1.5 month, then what?

Please help me. He is planning to land in Canada this weekend.

Thanks,

 

[bigboy00]

Dear Members,

My relative has applied for USA GC.

He has received his EAD. His I-140 is in process and pending(not approved yet, will not be approved before Feb 2008). I-485 is also filed and in process.

He has to land Canada before January 25th 2008 and come back to USA in 2-3 days. He got passport stamp etc.

Is it possbile for him to land and come back to USA w/o advance payrole?

--- No. (because his I-485 is pending).

If no then, how much time it takes to get advance payrole?
If it takes more than 1.5 month, then what?

-- At least a month. Does he have a valid H1 visa stamp in his passport? If yes and if he is not using his EAD to work (and still using H1b instead) he can come back to the US using his valid H1 visa.

Otherwise, AP is the only option!

 

[vsshah]

He has H1B valid visa, and is working on H1B only, not on EAD.

BigBoy,

Appreciate your reply. Yes, he has H1B visa, valid for 3+ more months, and working on H1B visa only. Not using EAD at all.

I think, he can land to Canada this weekend, and come back.

Thanks,