EAD Expiring, do I need to renew, and do I need to pay $120??

K

Kelabit03

Registered Users (C)
I hope someone out there can help me. I was granted asylum in June 2002, and I applied for an EAD, even though I heard from many that it is not really necessary. Now it is almost one year and I need to apply for a replacement EAD. Do I need to renew, and do asylees need to pay the fee of $120 request on Form I-795.

I talked to a local Immigration and was told that even though an EAD is not strictly necessary for an asylee, once I apply for adjustment of status through I-485 (which I will do in about two weeks' time) then I am "no longer"an asylee when my status in being adjusted, and that could take years and years from what I've read. I am somewhat confused, and hope someone out there more knowledgeable that I can help me out.

Thanks all.

Kelabit03
 
Thanks for the clarification

Thanks for the clarification, ginger-anna, and the memo from BCIS sure is useful and informative. I could just make a copy and show it to any employer who still has doubts!!

I am planning to apply for adjustment of status on 06-05-2003. Can anyone please tell me what is the "best guesstimate" how long the green card will take? I have heard so many horror stories how it takes "forever" to get the GC!!

Thanks, y'all.:)
 
I don't mean to discourage you and I'm in exactly same boat as you, but if you apply now, you'll have to wait till after 2012.

Check this out, this is an official info from BCIS:
http://www.immigration.gov/graphics...a/asyleeadj.htm

Also, please, check Gilberts "letter to the Congressman" and if you don't "feel like" waiting till 2012, please, send it to your congressmand and those 3 people on the judicial commitee and maybe even the President.
Here's the link:

http://boards.immigrationportal.com/showthread.php?s=&threadid=79351

Hope you'll send those letters.
Anna
 
Can we apply for GC via "BOTH" Asylee-status and Employment?

The long wait is discouraging, and scary, and I sure will send in those letters, and maybe even talk to my Senator, too when he's in town.

I've got another question, though. Can an Asylee apply for the GC via "BOTH" the Asylee-status and Employment. Say, I send in my I-485 form in next weeks seeking adjustment of status from Asylee to PR, can I still apply for a GC via the Employment process?

Or will I be "BARRED" from applying for GC via Employment because I have already sought GC via the Asylee-status process?
Can someone familiar with this please advise. Thank you so much?

I know it will cost me maybe $5000 to apply for the GC via Employment, but if the process only takes 3 to 5 years (as opposed to 10 years!!), that money is well spent!

Could someone please provide any advice on this?? Thank you so much, everyone.
 
I am by no means a lawyer but here is what I have learned.

Asylees can indeed apply for adjustment of status via Employment. Only issue is that in order to secure GC via employment BCIS ensures that the applicant has not violated any immigration laws, such as overstay or illegal entry etc etc in arriving and staying in USA. If you have never violated any immigration laws then chances of your approval are much higher.

Please share your findings in this forum if you learn more regarding this topic.
 
Can An Asylee Apply for GC through "BOTH"?

Thanks, RAsylee, I will certainly share with this forum what I learn. I find this forum really informative, and the people here really helpful.

Now that we know that an asylee can also apply for adjustment via Employment, does anyone know whether the asylee for GC via "BOTH" avenues. I mean, can I file for adjustment to a PR via my asylee status, and then later, also file for PR via Employment. Does anyone know whether BCIS allows an asylee to do that? Anyone with information in this particular area, hope you will share whatever information you may have. Thanks.
 
Risking Asylum

Gilbert,

I've heard that if you try to get an H-1b Visa (NON-immigrant) while in a asylum status (immigrant), can be risky for your status, because they can think that your asylum request wasn't true at all.
Any experiences in this matter?

Thanks.
 
First of all, You do NOT NOT get a H-1b Visa at all. H-1 b has NOTHING TO DO with green card per se. All it does is to allow you to work here. You are already permitted to work as an asylee!

You can go to labor certification process directly.

When you apply for an EB green card, you have to suppy a lot information about youself. As long as those information does not conflict with you asylum application, I see no problem at all.

What I am worried about more is that you limit severely your job advancement chances if you apply using the EB process.
 
Last edited by a moderator:
Asylee status is not affected by your I-485 at all.


Originally posted by Kelabit03
I hope someone out there can help me. I was granted asylum in June 2002, and I applied for an EAD, even though I heard from many that it is not really necessary. Now it is almost one year and I need to apply for a replacement EAD. Do I need to renew, and do asylees need to pay the fee of $120 request on Form I-795.

I talked to a local Immigration and was told that even though an EAD is not strictly necessary for an asylee, once I apply for adjustment of status through I-485 (which I will do in about two weeks' time) then I am "no longer"an asylee when my status in being adjusted, and that could take years and years from what I've read. I am somewhat confused, and hope someone out there more knowledgeable that I can help me out.

Thanks all.

Kelabit03
Click to expand...
 
Job advancement

Originally posted by Gilbert
First of all, You do NOT NOT get a H-1b Visa at all. H-1 b has NOTHING TO DO with green card per se. All it does is to allow you to work here. You are already permitted to work as an asylee!

You can go to labor certification process directly.

When you apply for an EB green card, you have to suppy a lot information about youself. As long as those information does not conflict with you asylum application, I see no problem at all.

What I am worried about more is that you limit severely your job advancement chances if you apply using the EB process.
Click to expand...

Gilbert,

What do you mean with "job advancement chances" Do you have to resign to your LPR through asylum?
Or you just go with both, and get the GC with th first one that is available.
 
Kelabit03,

Gilbert is right. H1B has nothing to do with GC application via employment-based. In other words, you do not need a h1b in order to apply green card.

The only potential problem is how are you going to get a valid national passport if it already expired or almost expired.
 
How to get GC stamp on National Passport??

This question basically for Gilbert and cchong, but all are invited to respond.

Gilbert, you seem knowledgeable in this area, and cchong brought up the matter of "national passport", too.

You said that an asylee can apply for GC via employment process, but if the GC were granted, how is he going to get it stamped on a national passport that has expired, and no longer valid??

Must a GC applied through Employment be stamped on a national passport. This surely would be very unfair to asylees who are not permitted, or might be severely reprimanded, for renewing their National Passport!!

Would BCIS put the GC stamp on an expired passport?? And why does it have to be a national passport? Would any other document, say RTD or I-94 do?? And does one's ex-consulate have any say what we need to stamp on our passport, i.e. do we need to get their permission for us to get the GC stamped on our ex-national passport.

This is all so confusing. I hope Gilbert and cchong can clear up the air somewhat. Thanks, guys.
 
Re: How to get GC stamp on National Passport??

Originally posted by Kelabit03
This question basically for Gilbert and cchong, but all are invited to respond.

Gilbert, you seem knowledgeable in this area, and cchong brought up the matter of "national passport", too.

You said that an asylee can apply for GC via employment process, but if the GC were granted, how is he going to get it stamped on a national passport that has expired, and no longer valid??

Must a GC applied through Employment be stamped on a national passport. This surely would be very unfair to asylees who are not permitted, or might be severely reprimanded, for renewing their National Passport!!

Would BCIS put the GC stamp on an expired passport?? And why does it have to be a national passport? Would any other document, say RTD or I-94 do?? And does one's ex-consulate have any say what we need to stamp on our passport, i.e. do we need to get their permission for us to get the GC stamped on our ex-national passport.

This is all so confusing. I hope Gilbert and cchong can clear up the air somewhat. Thanks, guys.
Click to expand...

According to what i know, if i may contribute in this regard,anybody including asylees can file as many petitions as possible even if the passport is expired.Therefore that shouldn`t be an issue at all.

Last year i raised same question about stamping.One member in this forum had an expired passport,the then INS issued him I-94 card stamped on it.If that may solve your concern.
 
Kelabit03,

Before I got granted as an Asylee in May 2002, I was applying for an H1B (temporary worker). My company’s lawyer withdrew the application after I informed her of my approval for asylum. She informed me that I do not require an H1B if I ever wanted to apply for GC via employment based.

I understand that Reentry Permits are sometimes used by "stateless" permanent residents in lieu of a passport to enter some countries. However, any one who falls into this category should check with the consulate for the particular foreign country to make sure that they will accept a Reentry Permit for this purpose.

One would receive a green card (a tangible card) once the GC application via employment based is approved. I am not concerned about getting a new I-94 or a stamp from INS once the GC application via employment based is approved. I am more concerned about if a valid national passport is required when he/she is submitting the application. I do not know the answer.
 
Re: Job advancement

Generally you have to stay with the employer throughout the process and for a period of time after approval. So you cannot accept better job offers.


Originally posted by cookiemonster
Gilbert,

What do you mean with "job advancement chances" Do you have to resign to your LPR through asylum?
Or you just go with both, and get the GC with th first one that is available.
Click to expand...
 
Re: Re: Job advancement

Originally posted by Gilbert
Generally you have to stay with the employer throughout the process and for a period of time after approval. So you cannot accept better job offers.
Click to expand...

Gilbert,

I understand that, but can you have a GC process through employment at the same time as the asylum one (i-485), I mean both at the same time? Because if you don't have to resign to the asylum process, is really attractive to go this way. Especially for new applicants who are going to be waiting for more than 12 years. They can have the asylum one to be safe, but use the other to get the GC sooner.

In my case that I have my own business, how can it be?

Thanks.
 
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