H1B to Family Based Green Card - EAD and AP

[ramu2012 23]

Hi,

I am currently in the US on a valid H1B. My wife is a Green Card holder and we have applied for a Green Card for me (already submitted I-130 and it is in pending review).

Now that the date for F2A is current (Starting August), we plan to file I-485.

My question is that given that I am on a H1B, do I need to file:

1. I-765, Application for Employment Authorization

2. I-131, Advance Parole

I read in some places that I can stil file these but it will be FINE if I do not. Is that true? Any insights from anyone who has already gone through this process?

Edited July 12, 2013 by ramu2012

[C-ma'am 684]

**Post moved from AOS from family based Visas to AOS from Work, Student &Tourist visas

[F2A 7]

you can file with no cost...when u file together with i-485, you don't have to pay anything for i-130 and i-765...even after you get EAD you can still remain in your H1B..you don't have to use it. Its better file everything together.

[ramu2012 23]

Should I be filing I-131 (advance parole)? I don't quite understand this. It seems you need a "humanitarian" or "educational" reason to apply for AP. I understand that even after i apply for AOS (I485) I can still travel outside the US and come back with my valid H1B. Correct?

[hmh33 117]

You are not obliged to file I-765 and I-131. However, it's usually a good idea to do so, because the only cost is your time in filling out the forms, and they can offer you additional flexibility should your circumstances change - a layoff, a new employment opportunity etc.

The I-131 form is used for many purposes. For this purpose (application for advance parole in conjunction with an adjustment of status application) you do not need any kind of compelling reason to travel, or even specific travel plans. You can put "unknown" or "not yet planned" for the dates and reason of travel.

[hmh33 117]

Furthermore, because you're applying under F2A, there's a significant possibility that your application could be stalled due to visa number retrogression, so the adjustment of status process could take many months or even years (hopefully not, of course!). That's even more reason to apply for travel and work permits (AP + EAD). Those should be granted after about 3 months even if the I-485 becomes stalled, and with AP+EAD in hand you'll have most of the practical benefits of being a permanent resident.