Do I need I130 and EAD if my H1 is valid till middle of next year?

sharky77uk

Registered Users (C)
Hi Guys

My wife is a US citizen and she is applying for my GC. My H1B is valid till June 2007, so my question is do I need to file for EAD and I130 (advanced Parole). Can I not use my H1 status to travel till I get my green card or is it mandatory for me to apply for EAD and I130.

Thanks a lot in advance
 
sharky77uk said:
Hi Guys

My wife is a US citizen and she is applying for my GC. My H1B is valid till June 2007, so my question is do I need to file for EAD and I130 (advanced Parole). Can I not use my H1 status to travel till I get my green card or is it mandatory for me to apply for EAD and I130.

Thanks a lot in advance

AP is I-131 and not I-130 as you wrote.
It is not mandatory to apply for EAD and AP. You can use your H1 for travel and work. Most of us apply for EAD and AP to be safe, just in case the H1 gets into trouble. After you apply for AOS and you lose your H1 for some reason, you would still be in a valid legal status to stay in the US, but you wont have an employment authorization. You need EAD at this point. Its your call, if you wish to spend the extra $$$ for your peace of mind.
 
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