joe1977

Before I go to the lawyer, I have some questions. Me and my wife have
sent all forms (and recieve letter back with congratulations and saying
that you will be invitied to take your fingerprints and give you EAD
Card) about two month ago, I didn't get final letter yet, but my boss
(I work as IT Manager) said to me, if I want to, they can sponsor my
H1B. Now, my questions are as fallows:

- how much will it cost my company to sponsor me (all forms, fees,
etc?)
- can I have (legally) both EAD Card and H1B? Will my company be
rejected to sponsor my H1B if they discover I am waiting to change my
status my marriage?
- if I got H1B AND EAD Card both does it mean that I can use EAD as
work for every company (which H1B alone will forbid) and travel home
(Germany) using H1B without taking care of Advance Parole?

The only reason I am thinking about H1B is to have chance to go home
(christmas, summer, etc) without having filling and playing with
Advance Parole every time.



Thank You very much for any answer.

Joe.

Kevin Keane

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

[email protected] wrote:

    > Before I go to the lawyer, I have some questions. Me and my wife have
    > sent all forms (and recieve letter back with congratulations and saying
    > that you will be invitied to take your fingerprints and give you EAD
    > Card) about two month ago, I didn't get final letter yet, but my boss
    > (I work as IT Manager) said to me, if I want to, they can sponsor my
    > H1B.

I'm confused about your situation. Why were your fingerprints taken and you
have an EAD if you don't even have an H-1B yet? It sounds like you may
already be in the USA in some other status - probably either F-1 or
applying for a Green Card through your spouse. The answer to all your
questions depends on what status it is.

    > Now, my questions are as fallows:
    >
    > - how much will it cost my company to sponsor me (all forms, fees,
    > etc?)

Including lawyer's and government fees, expect around $4000-$5000.

    > - can I have (legally) both EAD Card and H1B? Will my company be
    > rejected to sponsor my H1B if they discover I am waiting to change my
    > status my marriage?

EAD is only valid while you have whatever underlying status you had. Getting
an H-1B would probably cancel the underlying status, but it may not
necessarily if you are talking about AOS.

    > - if I got H1B AND EAD Card both does it mean that I can use EAD as
    > work for every company (which H1B alone will forbid) and travel home
    > (Germany) using H1B without taking care of Advance Parole?

No. If you use the EAD to work for anybody but your H-1B sponsor, you are
violating your H-1B status. That won't have too many consequences, but it
will terminate your H-1B. Therefore, you can't use it to return to the USA;
you would need to use Advance Parole. Also, you would then have to show the
EAD to your employer, even the one who sponsored your H-1B.

    > The only reason I am thinking about H1B is to have chance to go home
    > (christmas, summer, etc) without having filling and playing with
    > Advance Parole every time.

You don't need to do that every time. Advance Parole is good as many trips
as you want in the next one year.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.0 (GNU/Linux)

iD8DBQFDxXFP2STeoAchQDkRAq9zAKCwHVQlMtiWPX50Frzj3Y Xw/F2cNgCgg/DJ
E7Fk6VvuRSkLufFFOxmVyiI=
=dcYD
-----END PGP SIGNATURE-----

joe1977

I came under J-1, met my wife, we decided, I am staying. J-1 expired
two weeks ago, but we sent files for AOS almost 3 months ago. AFAIK
Advance Parole is set to work with specific date & time, it is not just
a paper saying that in 2006 you can travel wherever and however you
want. BTW: how hard is to get this document? Filling for with reason: I
just want to see my family, because I am missing them - is it enough,
or not worth paying $170 for AP I-form?

Kevin Keane

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

[email protected] wrote:

    > I came under J-1, met my wife, we decided, I am staying. J-1 expired
    > two weeks ago, but we sent files for AOS almost 3 months ago.

No problem as long as the J-1 does not carry the home residency requirement.

    > AFAIK
    > Advance Parole is set to work with specific date & time, it is not just
    > a paper saying that in 2006 you can travel wherever and however you
    > want.

You know wrong. The A/P application does ask about your travel plans, but
the paper is good for any trip you want for that year.

    > BTW: how hard is to get this document? Filling for with reason: I
    > just want to see my family, because I am missing them - is it enough,
    > or not worth paying $170 for AP I-form?

A few years ago, INS issued a memo that they are supposed to issue it just
for the asking, regardless of the reason you give.

When it was originally invented, it was only for emergencies - but that was
at a time when the whole Adjustment of Status process took only a few
weeks.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.0 (GNU/Linux)

iD8DBQFDxZP12STeoAchQDkRAiOKAJ9iiGsQsV6N+B+u8CtwiZ PwrF+1awCfSTvL
srv/ixqBVJpcW5BBP9eFy04=
=BTDZ
-----END PGP SIGNATURE-----

joe1977

and how does it look now? any opinion, anyone rejected, most "popular"
reasons? I still don't have my EAD, should I wait with sending A/P form
till I got EAD, or I can send it right away? I wish to go home for
summer vacation, 2-3 weeks, july or august - is it not too late to
apply for AP?


Regards,

Kevin Keane

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

[email protected] wrote:

    > and how does it look now?

How does what look now?

    > any opinion, anyone rejected, most "popular" reasons?

Rejection of what? Your AOS? Your Advance Parole?

    > I still don't have my EAD, should I wait with sending A/P form
    > till I got EAD, or I can send it right away?

Actually, ideally you send the I-131 (the A/P form) together with your I-485
(and your I-765).

You can send it at any time, just include a copy of the receipt notice for
the I-485.

    > I wish to go home for summer vacation, 2-3 weeks, july or august - is it
    > not too late to apply for AP?

Plenty of time. If you don't plan on traveling any earlier, I would suggest
you file for the A/P around April, March if you want to be ultra safe. I
would be surprised if it took even that long. It's probably going to be
substantially less than 90 days.

For that matter, fortunately USCIS has sped up processing. It is possible -
although by no means guaranteed - that you will have your Green Card by
then.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.0 (GNU/Linux)

iD8DBQFDxhHV2STeoAchQDkRAlk2AJ9mQwSDXB58oUanZthZ/KxsW2Ox4QCgqf46
tYaMY4vv7DHKSlakUq8HbtM=
=Afuv
-----END PGP SIGNATURE-----

joe1977

nah, probably you're thinking about California. I am in Florida, and it
takes 1, up to 2 years to get the Green Card.
Does anyone know if a reason like "just want to see my family" is good
enough? A/P was designed for emergency exits, how is it right now?

Kevin Keane

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

[email protected] wrote:

    > nah, probably you're thinking about California. I am in Florida, and it
    > takes 1, up to 2 years to get the Green Card.

You are right, the rates are highly variable. Since you implied that you
already filed, it is entirely possible that part of this one year may
already have passed.

    > Does anyone know if a reason like "just want to see my family" is good
    > enough? A/P was designed for emergency exits, how is it right now?

Yes, it is good enough. The regulations have changed, and almost *any*
reason is good enough. Even "I would like to have one just in case" would
probably be good enough.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.0 (GNU/Linux)

iD8DBQFDyDU12STeoAchQDkRArzUAJ4zV2P80ceQpD5lBDjlLG l3DC+ArgCeM7ER
zbruFf3ic8fptm2mLQvGWqM=
=jBmM
-----END PGP SIGNATURE-----

joe1977

I-131, part 7 (Y Page 3):

"On a separate sheet(s) of paper, please explain how you qualify for an
advance parole document and what circumstances warrant issuance of
advance parole. Include copies of any documents you wish considered."

What should I write here? And what do they mean by "warrant issuance" ?

Kevin Keane

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

[email protected] wrote:

    > I-131, part 7 (Y Page 3):
    >
    > "On a separate sheet(s) of paper, please explain how you qualify for an
    > advance parole document and what circumstances warrant issuance of
    > advance parole. Include copies of any documents you wish considered."
    >
    > What should I write here? And what do they mean by "warrant issuance" ?

These instructions simply haven't been updated from the time when it was
only supposed to be used for emergencies.

Simply write "I have a pending I-485 and would like to travel outside the
USA to visit my family in XXX".

"warrant issuance" is legalese for "why we should give it to you"

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.0 (GNU/Linux)

iD8DBQFDyXAV2STeoAchQDkRArHiAKCJvKCP6mzdUV7Sr8q91N +2XTfWpACeNsML
avLs1Iyg9DBxqUeoW2xj4O0=
=GUnj
-----END PGP SIGNATURE-----

joe1977

Ok, thanks, I have one more question - when I am filling I-131 form,
which should I check for just a "vacation" two week travel back to my
country and be able to go back to the USA?

a. [] I am permanent resident or conditional resident of the United
States and I am applying for a reentry permit?

or

d. [] I am applying for an advance parole document to allow me to
return to the United States after temporary foreign travel?


I have read all of them (as explaination in section "Initial Evidence")
and it still doesn't stand clear for me. Can anyone answer for that?
As I said before, I came under J-1 visa, married, filled & sent
November 2005 forms I-485 and I-765 being still legally here, didnt get
my invitations for fingerprints (don't have EAD card yeat) and I would
like to travel to my country (German), just for two weeks, than come
back here

Kevin Keane

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

[email protected] wrote:

    > Ok, thanks, I have one more question - when I am filling I-131 form,
    > which should I check for just a "vacation" two week travel back to my
    > country and be able to go back to the USA?
    >
    > a. [] I am permanent resident or conditional resident of the United
    > States and I am applying for a reentry permit?

No. You are not a permanent resident, and you are not applying for a reentry
permit. This document is for Green Card holders who want to leave the USA
for longer periods of time without giving up their Green Cards.

    > or
    >
    > d. [] I am applying for an advance parole document to allow me to
    > return to the United States after temporary foreign travel?

Yes.

    > I have read all of them (as explaination in section "Initial Evidence")
    > and it still doesn't stand clear for me. Can anyone answer for that?
    > As I said before, I came under J-1 visa, married, filled & sent
    > November 2005 forms I-485 and I-765 being still legally here, didnt get
    > my invitations for fingerprints (don't have EAD card yeat) and I would
    > like to travel to my country (German), just for two weeks, than come
    > back here

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.0 (GNU/Linux)

iD8DBQFD0dxC2STeoAchQDkRAmmnAJ9P894GJAI5pAF3p6CkmT HesB/7EQCglhLV
ycsX0V4AxhHjMrslUCogJ2Y=
=+P9o
-----END PGP SIGNATURE-----

joe1977

thank you, after reading few times, finally got it by myself, thank you
very much anyway!
I am just about to send it - I-131, copies of i-485, 170 money order, 2
pictures and sheet of paper saying the reason to go (vacation with
family) :) did I forget something?

Kevin Keane

Not the copy of the I-485, but rather a copy of the receipt notice. If
you just send the I-485, they won't have a way to match up the I-131 to
the case.

The receipt notice contains several important pieces of information. In
particular, your A# an the case number.

Having to wait for the I-485 receipt notice is one of the reasons it is
usually better to send the I-131 in the same envelope as the I-485.

[email protected] wrote:
    > thank you, after reading few times, finally got it by myself, thank you
    > very much anyway!
    > I am just about to send it - I-131, copies of i-485, 170 money order, 2
    > pictures and sheet of paper saying the reason to go (vacation with
    > family) :) did I forget something?
    >

--
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without any
legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.

joe1977

that is my bad - of course I meant I-485 receipt notice together with
my A# !

thanks