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NEW Rule "INS requires" Either you apply for both AP&EAD or non
- Thread starter ND
- Start date
mick sammer
Registered Users (C)
No Title
If you apply for I-485 & receive notice that they have your application, then you are automatically in status until your case is decided, even if your visa expires. If I have no intention of travelling, why should I be forced to pay for AP? This doesn\'t make much legal sense.
If you apply for I-485 & receive notice that they have your application, then you are automatically in status until your case is decided, even if your visa expires. If I have no intention of travelling, why should I be forced to pay for AP? This doesn\'t make much legal sense.
No Title
I don\'t quite understand what you said. It\'s true that if you use EAD, you are no longer on H1/H4 status. But AP is merely a travel document. It does not keep your status. If I do not travel outside the country while 485 is pending, I don\'t see how AP is useful. So why does AP have to be applied together with EAD? Where did you get this new rule?
I don\'t quite understand what you said. It\'s true that if you use EAD, you are no longer on H1/H4 status. But AP is merely a travel document. It does not keep your status. If I do not travel outside the country while 485 is pending, I don\'t see how AP is useful. So why does AP have to be applied together with EAD? Where did you get this new rule?
eadhopeful
Registered Users (C)
No Title
It makes sense. AP is not only a travel doc, it is sort of visa. If you don\'t have any valid visa like H1/H4 L1/L2, it just doesn\'t suffice that you apply for I-485, you also need some valid visa, which in this case could be AP
It makes sense. AP is not only a travel doc, it is sort of visa. If you don\'t have any valid visa like H1/H4 L1/L2, it just doesn\'t suffice that you apply for I-485, you also need some valid visa, which in this case could be AP
mick sammer
Registered Users (C)
No Title
Between the time the adjustment of status application is filed and the green card is approved, the applicant is considered to be in legal status as an "applicant to adjust status." The AP is only if you have to travel outside the country, it\'s not a visa.
Between the time the adjustment of status application is filed and the green card is approved, the applicant is considered to be in legal status as an "applicant to adjust status." The AP is only if you have to travel outside the country, it\'s not a visa.
No Title
I applied for my I-485 and my attorney has asked me about my preferences.
If you are in the U.S. on any other visa, or your H/L is about to expire soon, you and your family may be able to travel abroad while your AOS is pending, with an Advance Parole, which will allow you to re-enter the U.S. after foreign travel. The Advance Parole document can be applied for at the same time that the AOS is filed.
a. PLEASE NOTE: If you apply for Advance Parole (and do not have a valid H or L visa stamp in your passport), you cannot leave or reenter the U.S. until you have received the actual Advance Parole document itself. Currently, the estimated INS processing time for the Advance Parole can take from 45 days to 5 months. Advance Parole allows for one year of unlimited travel outside of the U.S. To prevent the abandonment of the AOS application, it is imperative, however, that the adjustment applicant re-enter the U.S. prior to the expiration of the Advance Parole. Note that if you travel without having secured the required Advance Parole, the INS will likely find that your Adjustment of Status application has been abandoned. Please also note that if you re-enter the U.S. on Advance Parole you will no longer be in H or L status and will need an EAD document (discussed below) in order to continue working legally in the U.S.
I applied for my I-485 and my attorney has asked me about my preferences.
If you are in the U.S. on any other visa, or your H/L is about to expire soon, you and your family may be able to travel abroad while your AOS is pending, with an Advance Parole, which will allow you to re-enter the U.S. after foreign travel. The Advance Parole document can be applied for at the same time that the AOS is filed.
a. PLEASE NOTE: If you apply for Advance Parole (and do not have a valid H or L visa stamp in your passport), you cannot leave or reenter the U.S. until you have received the actual Advance Parole document itself. Currently, the estimated INS processing time for the Advance Parole can take from 45 days to 5 months. Advance Parole allows for one year of unlimited travel outside of the U.S. To prevent the abandonment of the AOS application, it is imperative, however, that the adjustment applicant re-enter the U.S. prior to the expiration of the Advance Parole. Note that if you travel without having secured the required Advance Parole, the INS will likely find that your Adjustment of Status application has been abandoned. Please also note that if you re-enter the U.S. on Advance Parole you will no longer be in H or L status and will need an EAD document (discussed below) in order to continue working legally in the U.S.
No Title
That\'s not right. see below.
INS Permits Use of Advance Parole, Continuation of Work in H, L Status
May 18, 2000 -- INS on May 16, 2000 issued a field memorandum that reversed course from an earlier memorandum, and states that until a final rule is published, individuals who enter on advance parole and continue working on the basis of their H-1 or L-1 status will not be considered engaging in unauthorized employment. The memo states that this policy will be in force until a final rule on advance parole is published and takes effect, intimating that the policy stated in the March 14 memorandum could be reinstated as a part of the final rule. An interim rule was published on June 1, 1999 that permitted H-1 and L-1 nonimmigrants to travel without obtaining advance parole.
Typically, when individuals have adjustment of status applications on file to obtain permanent residence, they are not permitted to travel without parole. In 1997, INS stated that adjustment applicants in H-1 and L-1 status need not obtain separate employment authorization in addition to that which they already had pursuant to their nonimmigrant statuses. Individuals could thereby depart the United States, return on advance parole, and resume work pursuant to nonimmigrant status, assuming it is still valid. The June 1999 interim rule permitted individuals in H-1 and L-1 status to travel without advance parole, though many individuals have continued to use it. The March 14 memo marked a reversal of the 1997 policy, and would have required adjustment applicants to obtain separate employment authorization documents in order to work. The May 16 memo, however, reverses this, at least until a final rule is published, which is expected later this year.
Until the final rule is issued, assuming that an individual\'s H-1 or L-1 status has not expired, a nonimmigrant may travel and return using advance parole and continue to work pursuant to H-1 or L-1 classification. The memo states that "the Service will not consider a paroled adjustment applicant\'s failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule." The implication is that the final rule will, at some point, require that an employment authorization document be obtained if an individual re-entering on advance parole plans to work.
That\'s not right. see below.
INS Permits Use of Advance Parole, Continuation of Work in H, L Status
May 18, 2000 -- INS on May 16, 2000 issued a field memorandum that reversed course from an earlier memorandum, and states that until a final rule is published, individuals who enter on advance parole and continue working on the basis of their H-1 or L-1 status will not be considered engaging in unauthorized employment. The memo states that this policy will be in force until a final rule on advance parole is published and takes effect, intimating that the policy stated in the March 14 memorandum could be reinstated as a part of the final rule. An interim rule was published on June 1, 1999 that permitted H-1 and L-1 nonimmigrants to travel without obtaining advance parole.
Typically, when individuals have adjustment of status applications on file to obtain permanent residence, they are not permitted to travel without parole. In 1997, INS stated that adjustment applicants in H-1 and L-1 status need not obtain separate employment authorization in addition to that which they already had pursuant to their nonimmigrant statuses. Individuals could thereby depart the United States, return on advance parole, and resume work pursuant to nonimmigrant status, assuming it is still valid. The June 1999 interim rule permitted individuals in H-1 and L-1 status to travel without advance parole, though many individuals have continued to use it. The March 14 memo marked a reversal of the 1997 policy, and would have required adjustment applicants to obtain separate employment authorization documents in order to work. The May 16 memo, however, reverses this, at least until a final rule is published, which is expected later this year.
Until the final rule is issued, assuming that an individual\'s H-1 or L-1 status has not expired, a nonimmigrant may travel and return using advance parole and continue to work pursuant to H-1 or L-1 classification. The memo states that "the Service will not consider a paroled adjustment applicant\'s failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule." The implication is that the final rule will, at some point, require that an employment authorization document be obtained if an individual re-entering on advance parole plans to work.
No Title
What I have told is latest. Initally my atorney filled all the papers according to my request as no payroll but only EAD.
just before filing she told me we can\'t do it anymore. thats when she explained me that.
Just a note to latest change. I am not forcing anyone to follow this but keep in mind.
What I have told is latest. Initally my atorney filled all the papers according to my request as no payroll but only EAD.
just before filing she told me we can\'t do it anymore. thats when she explained me that.
Just a note to latest change. I am not forcing anyone to follow this but keep in mind.