S*********9
发帖数: 211 | 1 Confirmed with 2 lawyers. | c******g
发帖数: 9273 | 2 这个我不懂，我就是觉得麻烦。所以干脆没申请ap和ead
【在 S*********9 的大作中提到】
: Confirmed with 2 lawyers.
| T*******y
发帖数: 6523 | 3 To be precise, the AP triggers AOS, which overrides H1 visa. HOWEVER, you
can still renew your H1, and once H1 is renewed, you are back to H1. So even
if 485 was ever rejected, it would be safe. This is a gray area indeed,
though.
This is totally different from using an EAD. Once it's used, but the 485 was
ever rejected, one would be out of status immediately, and there would be
no way to renew a H1. This is not safe.
【在 S*********9 的大作中提到】
: Confirmed with 2 lawyers.
| S*********9
发帖数: 211 | 4 Both lawyers actually stated "would trigger EAD" instead. I am currently
using EAD to work, my husband is still on his H1B status. We applied 485
through his Eb1b application. Lawyer suggested him to remain on H1B status,
which means not to use his EAD/AP.
We planned to travel aboard during Christmas time; I guess we have to change
our plan if we couldn't receive our GC by then.
Keep finger crossed. We concurrent filed in Jan 2011 and 140 was approved in
Sep. Hope we could turn green soon!
even
was
【在 T*******y 的大作中提到】
: To be precise, the AP triggers AOS, which overrides H1 visa. HOWEVER, you
: can still renew your H1, and once H1 is renewed, you are back to H1. So even
: if 485 was ever rejected, it would be safe. This is a gray area indeed,
: though.
: This is totally different from using an EAD. Once it's used, but the 485 was
: ever rejected, one would be out of status immediately, and there would be
: no way to renew a H1. This is not safe.
| T*******y
发帖数: 6523 | 5 Dependent EAD is okay to use, as you can go back to H4, but your husband
should keep H1 definitely.
I don't understand that statement that "AP triggers EAD", as they are two
different documents. They can only trigger this AOS status. But it is
perhaps just a wording issue.
I have said enough on my understanding, and I can't be responsible for
anything that happens to you. If you decide not to use your AP, that's fine.
But then, what do you think as the purpose of AP, if one can't use it at
all? | c******g
发帖数: 9273 | 6 亏了
早知道这样，就给我老婆，儿子，女儿都申请ead，让他们去给我赚钱了。我就可以休
息一下了
fine.
【在 T*******y 的大作中提到】
: Dependent EAD is okay to use, as you can go back to H4, but your husband
: should keep H1 definitely.
: I don't understand that statement that "AP triggers EAD", as they are two
: different documents. They can only trigger this AOS status. But it is
: perhaps just a wording issue.
: I have said enough on my understanding, and I can't be responsible for
: anything that happens to you. If you decide not to use your AP, that's fine.
: But then, what do you think as the purpose of AP, if one can't use it at
: all?
| f*****r
发帖数: 138 | 7 有个移民局的文件叫做Cronin memo,乃去读一下就会发现那两位律师都是错的。
以下是Cronin memo的一部分
4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the
United States via advance parole, the alien is accordingly in parole
status. How does the interim rule affect that alien’s employment
authorization?
A Service memorandum dated August 5, 1997, stated that an “adjustment
applicant’s otherwise valid and unexpired nonimmigrant employment
authorization …is not terminated by his or her temporary departure from
the United States, if prior to such departure the applicant obtained
advance parole in accordance with 8 CFR 245.2(a)(4)(ii).” The Service
intends to clarify this issue in the final rule. Until then, if the
alien’s H-1 or L-1 employment authorization would not have expired, had
the alien not left and returned under advance parole, the Service will
not consider a paroled adjustment applicant’s failure to obtain a
separate employment authorization document to mean that the paroled
adjustment applicant engaged in unauthorized employment by working for
the H-1 or L-1 employer between the date of his or her parole and the
date to be specified in the final rule.
【在 S*********9 的大作中提到】
: Confirmed with 2 lawyers.
| S*********9
发帖数: 211 | 8 Thanks:)
We don't have a specific need to leave the country anyway. If we couldn't
receive GC by then, I will probably just go by myself and leave him here
along, ha-ha...
I was on H1b until May this year. Luckily I got a new opportunity to work
for my current company which normally doesn't sponsor H1b, even transfer.
EAD definitely helped me on that.
Our EAD/AP will be expired in March/2012, company lawyer is filing renewal
for us. He also claimed that it is better to file renewal 4 months prior to
expiration date to avoid the gap in my work authorization. Hope this timing
advise helps those who are in the similar situation as ours.
even
was
【在 T*******y 的大作中提到】
: To be precise, the AP triggers AOS, which overrides H1 visa. HOWEVER, you
: can still renew your H1, and once H1 is renewed, you are back to H1. So even
: if 485 was ever rejected, it would be safe. This is a gray area indeed,
: though.
: This is totally different from using an EAD. Once it's used, but the 485 was
: ever rejected, one would be out of status immediately, and there would be
: no way to renew a H1. This is not safe.
| l****w
发帖数: 1281 | 9 如果140已经批了，485被拒的可能性很小吧，所以用AP出国还是可以的。 | o*********r
发帖数: 446 | 10 用AP回去似乎不会影响到主申请人的H1B。偶们的IO特别提醒偶，直到485批了，否则一
直保持H1B。如果要用AP的话，先和他们打招呼，他们似乎可以做点儿什么避免H1B受影
响。 | o*********r
发帖数: 446 | 11 用AP回去似乎不会影响到主申请人的H1B。偶们的IO特别提醒偶，直到485批了，否则一
直保持H1B。如果要用AP的话，先和他们打招呼，他们似乎可以做点儿什么避免H1B受影
响。 |
|
