EAD Question

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Old Apr 26th 2015, 11:46 pm
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Default EAD Question

I just got my EAD card in the mail. It's the combination EAD and advanced parole card (i.e it says 'serves as i512 advance parole'). My i485 adjustment of status was received in February, and I did my biometrics a month or so after that. It's being processed by the Texas Service center, and the timeline page was last updated in late Feb, and for my category, the last case they did was from late August. That would indicate a 6 month processing time, and obviously these things aren't linear, and can always change, but I guess that could indicate my GC in August, as a rough guess.

1) My question is, does the EAD and advance parole indicate anything to do with the processing of my i485? Does receiving this mean that my GC might be closer, or are they totally independent of each other?

2) My H1B expires in July, and I think the lawyers were working on an extension. Does this mean that they wont have to do this anymore?

This is just out of interest, of course, I'm not planing travel or anything like that around it.
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Old Apr 27th 2015, 12:11 am
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Default Re: EAD Question

Originally Posted by pejpm1
1) My question is, does the EAD and advance parole indicate anything to do with the processing of my i485?
No. They are completely separate processes.

Does receiving this mean that my GC might be closer, or are they totally independent of each other?
Totally independent.

2) My H1B expires in July, and I think the lawyers were working on an extension. Does this mean that they wont have to do this anymore?
Sorry, I don't know.

Rene
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Old Apr 27th 2015, 2:08 am
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Default Re: EAD Question

ok, cool, that's what I suspected. Still, it was a nice surprise to see some progress! Finally starting to feel like I'm on the home stretch!
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Old Apr 27th 2015, 4:31 pm
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Default Re: EAD Question

Originally Posted by pejpm1
2) My H1B expires in July, and I think the lawyers were working on an extension. Does this mean that they wont have to do this anymore?
Correct. Now that you have an EAD, you can work for whomever you like - including your current employer if you want to stay with them. You are no longer obligated to continue working for your H-1B sponsor. Keep in mind that if you use the EAD for employment purposes, you must also use A/P for travel purposes and not your H-1B visa.

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Old Apr 27th 2015, 9:32 pm
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Default Re: EAD Question

OK, that's what I thought, but then I read something to do with only being able to change employer if the i485 decision had been outstanding for at least 180 days, which I was confused about. Not that I'm particularly looking to change employer, but it's nice to know I have the option.

Great, thanks for the help. Looks like the long wait is nearly over!
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Old Apr 27th 2015, 11:59 pm
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Default Re: EAD Question

It appears that OP is applying based upon an employment based petition. That said, the provisions of section 245(c) of the Immigration & Nationality Act and the concomitant regulations are somewhat ambiguous and perhaps contradictory on whether nor not OP should stay in H-1b status while the application is pending.

Had a case once where the H-1b was not extended where the attorney was severely incapacitated [e.g. he died] and did not extend the H-1b status. It lead to an ultimate denial of the adjustment on failure to maintain status. It was a bitch to get everything reinstated. Statutory ambiguities can cut both ways sometimes.

Furthermore deponent sayeth not. Govern yourselves accordingly.
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Old Apr 30th 2015, 5:05 pm
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Default Re: EAD Question

Originally Posted by S Folinsky
It appears that OP is applying based upon an employment based petition. That said, the provisions of section 245(c) of the Immigration & Nationality Act and the concomitant regulations are somewhat ambiguous and perhaps contradictory on whether nor not OP should stay in H-1b status while the application is pending.

Had a case once where the H-1b was not extended where the attorney was severely incapacitated [e.g. he died] and did not extend the H-1b status. It lead to an ultimate denial of the adjustment on failure to maintain status. It was a bitch to get everything reinstated. Statutory ambiguities can cut both ways sometimes.

Furthermore deponent sayeth not. Govern yourselves accordingly.
yeah, just heard from HR today. Our lawyer (Fragomen) advised that we should renew H1B regardless of the EAD.
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