Who can answer this question??

LSSS

New Member
I got married to a US citizen. I am now on H-1 status. We plan to file I-130 and I485 together. If I get EAD card before getting GC, and then leave current employee, will I be out of status?? Any affect to my finally getting GC?

Your input is appreciated.
 
No

When you file the I-130, you will be in "Change-of-Status" status. You will have neither status. So you cannot leave the country for any reason "unless you file for a travel permit form, I had to do that". You will then get your work permit, which is good for one year. Hopefully they will call you for an interview sooner than that and then get your I-551 stamp on your passport. This will be your Perm Res date.

When I got married, I was on F1 visa. When I filed the I-130, I also applied for travel permission, but I never used it. Consult a lawyer just to make sure.
 
What if applied I-130 thru permanent resident sponser ship???

What if applied I-130 thru permanent resident sponser ship??? Do we have to apply for parole to go out of country ???
 
Do you mean..

Do you mean that I can leave the current job as soon as I filed I-130 and I485 even before I get EAD card??
Since my husband moves to another state, I want to move with him ASAP.

Thanks,

LSSS
 
parole based upon I-485

application for EAD & Advance Parole are based upon the filing of form I-485, permanent resident application. Once the I-130 (or I-140) and the I-485 are filed, the applications for EAD and Advance Parole may be filed (usually, but not always, simultaneously).
The advance parole will permit you to return to the US and maintain the permanent resident application.

Normally, an applicant is considered to abandoned his/her permanent resident application if he/she leaves the US without an approved advance parole.

Unless you are in proceedings, the INS does not care if you leave the US, only if or when you try to return.
 
EAD is Employment Authorization Document

Employment Authorization Document is provided by the INS to persons who are authorized to be employed in the United States who are not already provided some other document authorizing employment (green card, US birth certificate, TN documentation, etc.) I-765 is good for up to 1 year. Form I-765 is submitted to INS. Permanent resident applicants submit I-765 along with I-485 so as to obtain employment authorization while the I-485 is pending. some districts have been a couple of years behind in processing permanent resident applications. since the pending application does not provide employment authorization until after approval, the EAD is applied for to cover the interim processing period.
 
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