Please help

M

mhaque

Registered Users (C)
Hi
I am writing this to you guys because I need your expert advice.
My Employment based I-485 is in INS custody now. The Receipt number is EAC-02-079-52......I am probably and hopefully very close to hear something from INS shortly. But I want to get married early July and want to bring my wife under H4. Considering that my I-485 is not approved by that time is it possible? I never applied for employment authorization, my H1 is still valid till middle of next year. I have advance parole and I have used that once last year. This year I got a new advance parole after the last years got expired.
So please give me some advice if I could get married and apply H4 for my wife from my home country.

Thank you all in advance.
 
I think you should...

consult an attorney. How could you not have employment authorisation and work on an H1, and still enter the country through AP?

You should have also used your H1 to enter the country. Check with others here!

About getting married, I'm not sure how that works!
 
You can enter the US with AP and still work on H1

Samjoy,

Firstly, There is no direct relation between AP and working . AP or BCIS travel document (That is its actual name) governs travel abroad . All it does is to allow a AOS aplicant to travel outside the US without abandoning your AOS status and the IIo at the port of re entry to allow him/her in( He/She can very well be denied entry into the US, if the IIO feels so).

Secondly, there is a huge difference between valid H1 and having a valid stamping on your PP. Let us take a scenario.
Mr XXX got an H1 in Oct '98 and was valid for 3 Years. In March 2001 he applied for an extension and got a extension for 3 more years and an I94 alongwith it. Meanwhile , he applied for I 485 after going thru the painfiul process of labor and I140 in Dec 2001. Now his original Visa stamping is long gone but his H1 is still valid. At this stage If he wants to go to India he can apply for an AP for travel based on his AOS application.(Many people apply for AP and EAD along with their AOS application for convenience).
On his return , he will use his AP to enter but need not use his EAD to work.


All above are said with the assumption that he works for the same employer who got his H1. Using AC21 opens up another can of worms.......

Hope this helps.
 
I forgot to mention that I also have a valid Canadian Green Card. I showed that one also at the time of re-entry.
 
Re: I think you should...

Originally posted by samjoy
consult an attorney. How could you not have employment authorisation and work on an H1, and still enter the country through AP?

You should have also used your H1 to enter the country. Check with others here!

About getting married, I'm not sure how that works!
Click to expand...

Entering US on AP is protect your AOS. You need not have EAD for that. Both are completely different things.If you have valid H1 and working for the same employer then there is no need for EAD.
People take EAD to be on the safe side in this bad economy. Having EAD and using it are different things.
 
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