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slangofoil

Does H1-B holder need Advance Parole, and should they apply for EAD?

By slangofoil in Adjustment of Status from Work, Student, & Tourist Visas

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slangofoil Collaborator

slangofoil   50

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

I have a friend who's an H1-B holder from Ireland, still working for his sponsoring employer. He's marrying an American soon and will apply for adjustment of status. Does he need to apply for Advance Parole in order to leave and return during the process?

Also, should he apply for EAD or remain under the H1-B status?

Thanks!

I'm the USC petitioner.

Timeline:

10/06/2005 Met in Ireland while I was on a study abroad

03/15/2010 K-1 NOA1

05/27/2010 K-1 NOA2

09/10/2010 K-1 Interview

09/22/2010 POE

10/01/2010 Wedding

10/27/2010 AOS/EAD/AP NOA1s

12/22/2010 EAD/AP Approved

04/05/2011 AOS Approved - no interview

04/09/2011 Green Card received

01/24/2013 ROC NOA1

06/28/2013 ROC Approved - no interview

07/05/2013 10-year Green Card received

08/19/2014 N-400 NOA

12/06/2014 N-400 Interview

01/09/2014 Naturalization ceremony

My husband is now a US Citizen! Our journey is over!

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8PEOm5.png

 

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Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

I would apply for the EAD since it is free. Good luck! :)

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

He does not need AP or EAD, since the H1B is a dual intent visa (assuming it won;t expire anytime soon!).

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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