EAD AND h1 QUESTION

M

mastialaam

Registered Users (C)
hI,

I have applied for 140, EAD , AP, 485 concurrently. Also since my 6years were getting completed. I have applied for 7th year extension.

I have following questions:

1. I want to stay on H1 status, as there are benifts than EAD, But can i use AP for travel will staying on H1.

2. IF 140 denied , i know EAD, AP , 485 gets denied. Will my 7th year H1 which will be pending with INS will also be denied.

3. If i switch to EAD, Can i bring my parents on Visit from India.

4. If i switch to EAD, Can i bring my wife immidialty from India after marriage.

Please reply.

Also give me best option. An possiblities of getting denied.
 
I have applied for 140, EAD , AP, 485 concurrently. Also since my 6years were getting completed. I have applied for 7th year extension.

I have following questions:

1. I want to stay on H1 status, as there are benefits than EAD, But can i use AP for travel will staying on H1.
---- if you are working with same employer who filed 7th year H1 and you enter with AP you are still on H1 status Read:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
2. IF 140 denied, i know EAD, AP, 485 gets denied. Will my 7th year H1 which will be pending with INS will also be denied.
----- H1 will NOT be denied it is separate petition
3. If I switch to EAD, Can I bring my parents on Visit from India.
----- being on EAD or H1 does not matter for parents visitor visa they have to show ties to India and will return back. It all depends on visa officer
4. If i switch to EAD, Can i bring my wife immediate from India after marriage?
---- If you switch to EAD you will not be on H1 status and wife will not get H4 visa, better to maintain your H1 status and let her get H4 visa stamped in passport and once she reaches US on H4 visa then only use EAD if needed. Once she reaches US file her I-485
 
Ap question.

my EAD, AP is approved. My 140 AND H1 7th year is pending with INS. Can i travel on Advanced parole. Iam using 7th year pending ext as employemnt. wILL my 7th year ext get cancelled/amemded since i went out. Or i have to use EAD to enter.

please reply.
 
My EAD, AP is approved. My 140 AND H1 7th year is pending with INS. Can I travel on Advanced parole. I am using 7th year pending ext as employment. Will my 7th year ext get cancelled/amended since I went out. Or I have to use EAD to enter.

----- You got AP, EAD it means you filed for I-140 AND I-485 but your I-140 is still NOT approved, if you go out with AP and unfortunately I-140 is denied then EAD, AP I-485 will automatically be denied and if you are out of US at that point then you can not enter with AP because the base for AP has gone. Please read this:
http://www.murthy.com/ukdenial.html

1 you wait till you get your 7th year H1B approved (or go for premium processing if urgency). Then go out with approval notice. Get the new H1B stamped in passport or use AP if I-140 still not denied or I-485 is still pending (keep the I-140 receipt and I-485 receipts with you and check the BCIS online status punching the receipt# and you will know the status and then decide if you want to need H1 visa stamped or to enter with AP
2 your 7th year extension that is pending with BCIS will not be abandoned, only change of status is abandoned NOT the extension in same status.
If I am in your situation I will leave with 7th year h1 approval in hand and will get H1 visa stamped or will wait for the I-140 approval then leave and will use AP or H1 Visa stamp. You should discuss your options with your lawyer who has been paid by you and seek legal advice from the lawyer before you leave
 
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