h1-b to adjustment of status
 

I am currently on an H1-b Status and is now applying for an adjustment of status through marriage. Do still need to apply for an EAD (employment authorization document) even if my work visa is still valid until 2005?

One of the immigration officer, told me that i should but i really doubt what she had said. If i apply for an EAD then my work visa will no longer be valid and i won't be able to travel abroad using my h1-b status, meaning i still need to file an "advance parole". But according to the INS, i don't need to apply an AP if i'm on an H1-b.

Now, i am so confuse..... please help!

Re: h1-b to adjustment of status
 

Hi:

The rule allowing H-1b's to travel on their existing visas requires production of your original I-797 showing adjustment of status. Except for Baltimore, all family cases are filed at the local district and therefore do not generate an I-797!

An EAD does not take you out of H-1b status, but it does give you flexibility to take another job or moonlight or whatever.

Re: h1-b to adjustment of status
 

"Folinskyinla" wrote:

    > An EAD does not take you out of H-1b status, but it does give you
    > flexibility to take another job or moonlight or whatever.

My understanding is that the *use* (rather than just having) an EAD would
result in you no longer being in H-1B status. Is this also your
understanding?

Andy.

--
I'm not really here - it's just your warped imagination.

Re: h1-b to adjustment of status
 

My take is that if you have no desire to leave the US during this time, or
work for another employer, you can safely stay in H-1B status and not worry
about an EAD. But, if you want to work somewhere else or need to travel you
will need an EAD and, for travel, an AP document.

Andy.

--
I'm not really here - it's just your warped imagination.
"mary_tl" wrote in message
news:[email protected]...
    > I am currently on an H1-b Status and is now applying for an adjustment
    > of status through marriage. Do still need to apply for an EAD
    > (employment authorization document) even if my work visa is still valid
    > until 2005?
    > One of the immigration officer, told me that i should but i really doubt
    > what she had said. If i apply for an EAD then my work visa will no
    > longer be valid and i won't be able to travel abroad using my h1-b
    > status, meaning i still need to file an "advance parole". But according
    > to the INS, i don't need to apply an AP if i'm on an H1-b.
    > Now, i am so confuse..... please help!
    > --
    > Posted via http://britishexpats.com

Re: h1-b to adjustment of status
 

Does it mean that it's okay if i don't file an EAD when i apply for an adjustment of status? I really have no plans of transferring employer within 2 years.

Re: h1-b to adjustment of status
 

"mary_tl" wrote:

    > Does it mean that it's okay if i don't file an EAD when i apply for an
    > adjustment of status? I really have no plans of transferring employer
    > within 2 years.

Yes, if you also have no plans to leave the US during that time. If you do
want to travel, apply for advance parole and an EAD leaving enough time
before your trip to get both (that time will depend on the local INS
office).

Andy.

--
I'm not really here - it's just your warped imagination.