EAD, AP related questions.

rrajendr

Registered Users (C)
Hi
Please reply to my below questions:

EAD:
I understand that Employment Authorization Document (EAD) is a document from the INS to authorize an alien to work in the U.S. for a period of time, usually one year. Also, it is called a work permit. Moreover, it looks as a card, with the alien's name, alien's photo, and expiration date. With the EAD, an alien may legally work in the United States for ANY EMPLOYEE.
Hence
1)Do you have any EMPLOYMENT RESTRICTIONS ie Can you WORK FOR DIFFERENT EMPLOYERS in DIFFERENT STATES in DIFFERENT TYPES OF JOBS in IT(me an IT professional) or you are restricted as in H1B for a single employer, in a specific geographic place in a job profile as listed in Labor certification.
2) Can you bring your spouse INTO US after starting to work on EAD but before I-485 is approved?
3)Does using your EAD with I-9 with new employer remove your H1B status AUTOMATICALLY or do you have to let know INS about loosing H1B status and changing to I-485 pending status?

AP:
I understand that Advance Parole is a document for certain aliens, who do not have a valid immigrant visa or non-immigrant visa, to re-enter the United States after traveling abroad. Such aliens must be granted Advance Parole before leaving the United States. If they have not obtained Advance Parole prior to traveling abroad, they will not be permitted to re-enter the United States upon their return.
1)Under the above explanation if I go to my home country on a valid H1B status, renter US on AP, work with the current employer on H1B status will I be able to work for a new H1B petitioner under AC21 (assuming I qualify for AC21 portability) WITHOUT using EAD? Please advice me on it.
2)Also if I go to my home country on a valid H1B status, reenter US on AP and plan on using EAD to work, will I also be able to bring my spouse along with me into US when I reenter. If so please explain me how it is possible?

Are there ANY TRAVEL restrictions to home country after concurrent filing of I-140 and I-485 but before it is approved on a VALID H1B status?
ie Are there any restrictions like I could travel only after fingerprinting in done or travel only after EAD, AP are approved or travel only after some stage has been reached during the I-140/I-485 process but before some stage of I-140/I-485?

Thanks in advance for your reply.
Raj
 
1. Any employment, but in order for AC21 to work for your GC approval, stick to a job that is described in LC/140

2. No
3. Yes, by filing I9 with EAD you lose H1 status

AP
1. Yes
2. Get H4 and enter at different ports of entry

No travel restrictions
 
Hi Jaxen
For EAD
1) I was under the impression that EAD could be used to switch jobs at ANY TIME and remain I-485 pending. But do you mean to say that to remain I-485 pending by using EAD I have to oblige by AC-21 (ie similar job and 180 days after filing the I-485). Please clarify me.
 
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