Working on EAD without Advanced Parole

L

love_immi

Registered Users (C)
Hi All,

Here is brief history of my case.

Filed for I-140 in November 2002
Filed for i485/EAD/AP on Feb 2003 (on receipt of I-140)

First EAD /AP approved on 4/20/2003
I140 APPROVED on Sep 30, 2003

Applied for second EAD on Jan 2004 , approved /received on 6/20/2004.
I DID NOT apply for Advance parole this time.
I was working for company A on H1B (who filed 140/485 ) till end of July
My H1B expired on August 1 , 2004.

I started working for company B on EAD (using AC-21 ) from August 1. I also moved to diff city in the same state (CT) and sent form AR-11 with Company B's name as employer on AR-11 form .

The lawyer received RFE 15 days after i sent change of address form to INS ( I guess INS/BCIS noticed *change of employer* on AR-11 form as well my status as *EAD*)

The RFE requested
1. Letter from company A who files I-140 showing continue interest of hiring me , paystubs and job details
2. Letter from Current employer (I guess company B) with job details, pay and prospect of employment
3. Paystubs for last 2 months
4. Copies of approval notices 797 which allowed to stay me in non-immigrant status.


I sent all documents to lawyer referred to 1,2 ,3
but for 4 I sent copies of my H1B ( which expired ) as well as EAD

The lawyer is saying that i m out of status since I dont have advanced parole
He can not help me,. He is insisting on that i should have extended my H1 status.


My question to u guys is Do I need advanced parole while I work on EAD.

Will that cause any problems ..

Gurus please help

Thanks

Vijay
 
Don't worry. U R ABSOLUTELY in STATUS.
AP is only for Travel. EAD prooves that U r in legal status to work.
The only problem is If u leave US, U cannot come back because U don't have AP and can't use H1 VISA( even if it's valid)

Why did u NOT apply for AP ???
 
love_immi said:
Hi All,

Here is brief history of my case.

Filed for I-140 in November 2002
Filed for i485/EAD/AP on Feb 2003 (on receipt of I-140)

First EAD /AP approved on 4/20/2003
I140 APPROVED on Sep 30, 2003

Applied for second EAD on Jan 2004 , approved /received on 6/20/2004.
I DID NOT apply for Advance parole this time.
I was working for company A on H1B (who filed 140/485 ) till end of July
My H1B expired on August 1 , 2004.

I started working for company B on EAD (using AC-21 ) from August 1. I also moved to diff city in the same state (CT) and sent form AR-11 with Company B's name as employer on AR-11 form .

The lawyer received RFE 15 days after i sent change of address form to INS ( I guess INS/BCIS noticed *change of employer* on AR-11 form as well my status as *EAD*)

The RFE requested
1. Letter from company A who files I-140 showing continue interest of hiring me , paystubs and job details
2. Letter from Current employer (I guess company B) with job details, pay and prospect of employment
3. Paystubs for last 2 months
4. Copies of approval notices 797 which allowed to stay me in non-immigrant status.


I sent all documents to lawyer referred to 1,2 ,3
but for 4 I sent copies of my H1B ( which expired ) as well as EAD

The lawyer is saying that i m out of status since I dont have advanced parole
He can not help me,. He is insisting on that i should have extended my H1 status.


My question to u guys is Do I need advanced parole while I work on EAD.

Will that cause any problems ..

Gurus please help

Thanks

Vijay
Click to expand...
You are in status. I am in the same situation too. When I applied for our EAD3, didn't bother to waste another $330, hoping that we would get approved. But you know INS "god" thinks otherway and still haven't got our 485s approved. Hoping filing for AP3 would trigger our 485s on Aug 27th we filed for AP3 and til date nothing has happened. In case we get our 485s approved prior to AP3 approvals, sure I am going to file for dispute with my credit card company and get that damn $330 swallowed by INS crocodile.... I am not leavin them...
 
As long as you have I-485 pending, don't worry about status.

Use of EAD only invalidated H1, not AOS. You will need AP in future to enter US.
 
usnycus said:
As long as you have I-485 pending, don't worry about status.

Use of EAD only invalidated H1, not AOS. You will need AP in future to enter US.
Click to expand...
usnycus: Do you know whether using AP will invalidate the H1? IC
 
Thank all of you. I hope this RFE triggers my approval

. and i was quite sure that if u work on EAD
u need AP only if u need to travel..

I know my lawyer sucks
I did not have choice for choosing lawyer. It is company's .

This lawyer requeseted fees in cash when i was filing H4 for my wife.

Eventually i did file myself and saved money..


Feels better now
 
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