Urgent GC Problem....

[Ahmer123]

Folks,

I need your expert advice about AP, EAD and H1B.

My second H1B was issued about 6 months (but I did not get it stamped on my passport). My GC is at 485 (Nov'01), I applied for EAD and AP, which I got (so there really was no need for H1B stamping).

A) Couple of months back, I had to travel outside US, so I used my Advace Parole. The question is, what is my work status now, is it still H1B or EAD???

The reason why I am asking this is "I never used my EAD", I have been working with the same company and project ever since I got to US.

B) What percentage of people get RFE issued, is this very common, moderate, rare? Just an educated guess will be OK.

C) I also applied for Canadian immigration almost 6 months back, and should be getting it in about 6-8 months. Can I maintain both the status. Also, what do I need to do if I opt for Canadian one and still want to work and/or visit USA. I guess the question is, do I need a Visitors visa/work permit for US and how difficult is it to get it from Canada.

Thanks a lot folks and good luck with your GC applications.

 

[gctakingtoolong]

Here are my answers to your questions..

A) I think once you use AP and come back to the country your H1 becomes invalid as you are a parolee and you remain here with the AOS and so although you don't think you are not, you are actually using your EAD to work here.
B) RFE's were rarely issued before the economy downturn, but these days there are quite a bit issued, as INS wants to make sure everybody who gets the greencard are infact working.
C) Although legally you can maintain permanent resident status in two countries, doing so is against the very reason of "permanent status", because the purpose of permanent status is to permanently live and work in a country. You may expect this question when you cross the borders as to why you are maintaining two Permanent status and what country do you actually live in. I don't understand what you mean by "if I opt for Canadian one".. By that do u mean giving up your US Green card ?? Irrespective of you have an LPR in canada, you don't need a work visa or visitor visa to work in US, if you have a US green card.
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I'm not a lawyer.. My answers are strictly my views.
If you wanna legal opinion, get a lawyer.
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[lca123]

having the cake and eating it too - wont cut it!!!

Answers to your questions.

I am not a lawyer and this is not legal advice. For all the years I have waited I almost feel like a lawyer (Ha!!! Ha!!!). Use this only are practical advice and not legal advice.....


A) Couple of months back, I had to travel outside US, so I used my Advance Parole. The question is, what is my work status now, is it still H1B or EAD???

· You are probably now on I-485 status as an ‘adjustee’. However I do remember someone mentioning that you could use the AP and still be on H1B. If you check the usvisanews.com website they say the opposite which is probably that once you use AP you have to use EAD which I feel is the right analysis.

B) What percentage of people get RFE issued, is this very common, moderate, rare? Just an educated guess will be OK.

· No hard and fast rule. Each case is unique and if there are issues with your paperwork your chances of getting an RFE increase.
C) I also applied for Canadian immigration almost 6 months back, and should be getting it in about 6-8 months. Can I maintain both the status. Also, what do I need to do if I opt for Canadian one and still want to work and/or visit USA. I guess the question is, do I need a Visitors visa/work permit for US and how difficult is it to get it from Canada.
· You need to make up your mind about where you want to live. To maintain your green card you need to be in the US (6 months a year). To maintain your Canadian PR you need to live there 6 months a year. Each time you cross the border you will have to answer numerous questions getting into each of these country’s.
· Once the new procedures are fully implemented both the INS and the Canadian authorities will know how many times you have entered and left and you will have to keep close track of the 180 day requirements in both countries.
· A Canadian PR needs an H1B visa to work in the US (of course if you have a GC then you don’t need the H1B). A Canadian citizen (PR holder can apply after 3 years of continuous stay – no of days needed is 365*3 I think) needs a TN visa to work in the US
Bottom Line: Decide what you really want and live where you feel happy and content. Having the cake and eating it too will not work!!!