Concurrent Filing - Using Cross Chargeability
- Thread starter radd
- Start date
I got an A# from the lawyer. Noticed it only when I went for the biometrics and had to fill the number in the form. He picked it up from the EAD receipt notice.
On another note -
-Do you guys know if EAD/AP can be renewed if you get an RFE on your 485?
or
-If I re-enter on AP do I lose my H1 status. Can I switch back the original h1? I heard that it is a fresh application which will probably be impacted by quota limitations.
I am probably being a bit pessimistic here and hence the scenario analyis. I know this is not the right forum but y'all are in the same boat and hence the question to see if y'all did any home work on this.
On another note -
-Do you guys know if EAD/AP can be renewed if you get an RFE on your 485?
or
-If I re-enter on AP do I lose my H1 status. Can I switch back the original h1? I heard that it is a fresh application which will probably be impacted by quota limitations.
I am probably being a bit pessimistic here and hence the scenario analyis. I know this is not the right forum but y'all are in the same boat and hence the question to see if y'all did any home work on this.
wondering99
Registered Users (C)
Thanks for your reply. I had a EAD card when I worked on OPT. My lawyer told me that there is an A# comes with that EAD card and that's what she used. Does any1 has similar expereince with this? I have heard many people siad that you don't have A# before filing 485.
Wondering
Wondering
no it doesn't
Its your choice to use EAD when you are already on a vaild H1-B. It doesn't matter if you have an approved EAD unless you start using it. So, if you have a valid H1-B and you haven't used your EAD yet, you can leave the US and re-enter using your valid H1-B stamp on the passport. You don't have to use AP.
AP is designed to use with EAD, so when you come on EAD your H1 status becomes invaild, at that point if you leave the US you should use AP.overboard said:
Its your choice to use EAD when you are already on a vaild H1-B. It doesn't matter if you have an approved EAD unless you start using it. So, if you have a valid H1-B and you haven't used your EAD yet, you can leave the US and re-enter using your valid H1-B stamp on the passport. You don't have to use AP.
I guess the point I am really missing or not understanding is why we all apply for AP if it is recommended to travel on h1.
The reason why I did it is so that I dont have to deal with all the scheduling/coordination issues when it comes to stamping at consulate.
Radd,KS,dbins.. any thoughts
The reason why I did it is so that I dont have to deal with all the scheduling/coordination issues when it comes to stamping at consulate.
Radd,KS,dbins.. any thoughts
overboard said:
I agree with your reasoning. In my case, I haven't left the country for several years and consequently don't have a stamped H1B. So I applied for AP just in case I need to travel for any reason. My H1 expires in a few months, and I was thinking of simply hopping onto the EAD rather than extending another three years based on the approved 140.
I think AP is most useful for those who get the EAD but don't have a 140 approval and perhaps their H1 expires and they choose not to renew annually..dunno just a guess.
I think the discrepancy arises from the fact that when you file for 485, your status is now an applicant for adjustment to permanent residency. Remember that a lot of 485 applicants are NOT employment based and they may require the AP for travel while their case is pending. For us H1s, its not really essential, but I think people get it just to cover all bases.
overboard said:
There is a tendency to maintain H1 even after EAD and AP.. This is so that if in any case i485 is denied, they can still maintain a legal status. If EAD and AP is being used and I485 is denied.. automatically your EAD and AP invalid.. However, the case can be reopened.
But if you are afraid of the potential denial (not RFE) of I485.. (I thing either you should fire your lawyer or get a new job)... then go through the hassles of H1 stampings and simply don't apply for AP or EAD...
As for me.. I don't have a problem with the H1 stamping. THe last time I got it done at the American Embassy at my spouse's COB. No hassles at all like what you read about in this forum (for India)..
However, I will use my AP and EAD if need to travel but we have no plans till end of year.. I am hoping that by then I would get GC
Also... most definitely I would use AC21 to switch co by end of year if I don't have GC by then.. which means .. I'd be on EAD.. hope this helps..
radd
Guys,
found this good news in this forum:
user :adkgc
485 approved. just got the email.
__________________
EB2 NON-RIR , VA
Labor approved Feb 26 2006
140/485/EAD/AP 27 March 2006
ND : May 1st 2006
140 AD: 06/03/2006
EAD/AP/485 AD: 06/27/2006
ours is just around the corner..
found this good news in this forum:
user :adkgc
485 approved. just got the email.
__________________
EB2 NON-RIR , VA
Labor approved Feb 26 2006
140/485/EAD/AP 27 March 2006
ND : May 1st 2006
140 AD: 06/03/2006
EAD/AP/485 AD: 06/27/2006
ours is just around the corner..
PBLC_01302006
Registered Users (C)
Hello Radd,
I am thinking the similar plan as yours -- switch the co by the end of year if still waiting for the approval of GC. However, I think you still can hold your H1 even you switch the job while you are waiting for GC. You do not have to use EAD card if you do not want to. Anybody agree with me? Another question is we will be able to switch the job if I-485 pending more than 180 days (AC21), is there ANY potential risk for getting GC approval because of switching job?
I am thinking the similar plan as yours -- switch the co by the end of year if still waiting for the approval of GC. However, I think you still can hold your H1 even you switch the job while you are waiting for GC. You do not have to use EAD card if you do not want to. Anybody agree with me? Another question is we will be able to switch the job if I-485 pending more than 180 days (AC21), is there ANY potential risk for getting GC approval because of switching job?
radd said:There is a tendency to maintain H1 even after EAD and AP.. This is so that if in any case i485 is denied, they can still maintain a legal status. If EAD and AP is being used and I485 is denied.. automatically your EAD and AP invalid.. However, the case can be reopened.
But if you are afraid of the potential denial (not RFE) of I485.. (I thing either you should fire your lawyer or get a new job)... then go through the hassles of H1 stampings and simply don't apply for AP or EAD...
As for me.. I don't have a problem with the H1 stamping. THe last time I got it done at the American Embassy at my spouse's COB. No hassles at all like what you read about in this forum (for India)..
However, I will use my AP and EAD if need to travel but we have no plans till end of year.. I am hoping that by then I would get GC
hope this helps..
radd
PBLC_01302006 said:
yeah I guess you can.. I have read somewhere about it.. but I don't think I would..
Like I said I am not going all the way out to be in H1 just because of a potential rejection of 485.. If co is stable and you have clean records.. I don't see a reason for being paranoid..
EAD is cheaper and simpler than H1.. I know H1 will be for 3 years.. but what are the chances of GC taking so long? Nowadays.. GCs are being approved in about less than a year..
radd
PBLC_01302006
Registered Users (C)
Agree. Your thinking is reasonable.
radd said: