EAD and AP

P

pakka_desi

Registered Users (C)
I have H1 valid till July'04. My I-140 filed on Feb'03 and I-485 filed on Apr'03. I have not yet filed for EAD and AP.
My questions are:
1. a) Do I have to file for EAD to take advantage of 180 day portability rule after filing I-485. OR If situation arise (like layoff etc) then i can get EAD based on my I-485 filed time-duration.
b) If i apply for EAD can I still keep my H1 status in case there is I-140 or I-485 denial?
Please advise..

2. How much time does it take to get notice for finger-printing once I-485 is filed?

Thanks in Advance
 
It's always a good idea to get EAD and AP even if you have a valid H1-B. It's like an insurance in case you get laid off. Your H1-B will not be invalid simply because you apply for EAD and AP. But once you use EAD or AP, your H1-B becomes invalid.

Time to get finger printing notice varies from case to case. You should normally hear from BCIS within 6 months after they received your I-485 application.
 
My followup question:
1. If i file for EAD/AP and later on my I-140/485 gets denied then is it possible for me to use my H1 Visa which i already have?

2. If i dont file for EAD now, can i still take benefit of 180 day portability, should situation arise ?
 
Ans 1: If you haven't used your EAD to work and/or haven't used AP to travel, then you can continue on H1 even if your 485 petition is denied.

Ans 2: EAD is not a must for the AC21 provision. However if you get laid off, some companies may not be interested in filing a H1 due to appl & fees. If you have an EAD, all you need to sign on and join them w/o the company shelling out money. In this bad economical times, EAD is a quicker and cheaper way to attract an employer. My suggestion is to apply for EAD and have it just in case.......

Good Luck!
 
INS --> BCIS payable to who ?

Hi,

Previously we used to write a check to for $120 payable to 'Immigration and Naturalization Service".

Since INS is changed to BCIS who should we write the check payable to ? Application forms still show that the check be payable to 'Immigration and Naturalization Service".


Thank you verymuch.
Sardarji
:mad:
 
It is better if you apply for EAD and keep it even if you are not using. When I was applying for my 485 I was initially thinking why I should get EAD, because my compnay was doing good at that time. But based on friends advice I applied for EAD and 4 months after that I got layoff. I used the EAD to quickly land into a job though it lasted only for 2 months. I got my present job again with EAD. This company has interviewed some other people including one of my friend and they did not offer the job because they had to file a H1 for them. SO EAD helps.
 
Question unanwered

My Question still unanswered :
If i get EAD and later on I-140/485 is denied, then can i still use my H1 which is valid or i need to go back?
 
My Question still unanswered :
If i get EAD and later on I-140/485 is denied, then can i still use my H1 which is valid or i need to go back?

This is a point which u need to get clarified from an attorney.
 
pakka_desi

"My Question still unanswered :
If i get EAD and later on I-140/485 is denied, then can i still use my H1 which is valid or i need to go back?"

Upstate_NY has written the most clear answer.
"Ans 1: If you haven't used your EAD to work and/or haven't used AP to travel, then you can continue on H1 even if your 485 petition is denied."


I don't know how better anyone can answer you!!!

Bob
 
EAD, AP

So If i get EAD and AP, continue my GC processing and if i dont use EAD for work and AP for travel..i.e. i continue on H1 till my I-140/485 is approved then i am safe during my H1 term even if there is any problem with I-140/485.. in other words just getting EAD/AP has no effect on my status its only if use EAD/AP then i cant fall back on my H1.
 
You must log in or register to reply here.
Top