Jump to content
Koni10

AOS_Currently H-1B_Do I even need to file for EAD and AP?

By Koni10 in Adjustment of Status from Work, Student, & Tourist Visas

 Share

5 posts in this topic

Recommended Posts

Koni10 Apprentice

Koni10   22

Posted
Filed: AOS (pnd) Timeline
Posted

Hello! There is something I'd like to have some advice on. Thank you for reading in advance. 

 

I am filing I-485 and I-130, concurrent filing, soon. My current status is H-1B, which is going to expire in May. My employer will extend it. 

 

The whole time I believed that I don't have to request EAD and Advanced Parole with the I-485 application, because I will still be in H-1B status even after May while the new H-1B extension is pending, and I don't plan on traveling abroad. However, I noticed that majority of people file for EAD/AP with their I-485. 

 

Should I? I know filing for I-485 won't conflict with future H-1B extension petition, but wouldn't EAD conflict with my H-1B? I know I need to maintain the H-1B status, just in case the I-485 takes long or it goes wrong for some reasons. Or could it be that simply requesting it and receiving it won't affect anything, unless I report to the employer and the employer changes my visa status?

 

I hope I am making myself clear. Thanks!

Marriage-based AOS from H1B

(Employer filed H1B extension before I filed AOS with spouse)

4/4/2018: AOS package (I-130, I-485, AP & EAD) sent

4/6/2018: at 5:00 arrived at Chicago office

4/15/2018: Sunday at 22:30, received email/text notification

4/19/2018: NOA (I-130, I-485, AP&EAD) arrived in mail

4/20/2018: Biometrics app letter arrived in mail

5/4/2018: Biometrics done 

5/7/2018 (p.m.): I-485 and I-765 Status changed to "Fingerprint Review Was Completed"

5/9/2018 (p.m.): I-485 status changed to "Case is Ready to Be Scheduled for An Interview"

8/20/2018 (p.m.): I-765 status changed to "New Card Is Being Produced" 

8/24/2018: Received combo card in mail

11/13/2018: Online status says "Interview was scheduled"

11/19/2018: Interview notice in mail

12/03/2018: Online status changed back to "Case is Ready to Be Scheduled for An Interview" once again, I freaked out

12/18/2018: Attended the interview, approved on spot, status changed to "Card is being produced" within an hour

12/21/2018: "Card was mailed to me"

 

H1B extension (employer) at the same time as marriage-based AOS

3/23/2018: "Case Was Received"

10/16/2018: Approval letter arrives at the employer's office, online status still not updated 

 

Link to comment
Share on other sites
KazuriSana Community Regular

KazuriSana   324

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

I may be wrong, but I believe that once you petition for one status, all other statuses terminate. Therefore, you will need to apply for EAD, AP, etc (end of thinking capacity).

AOS, ROC, N-400, & PASSPORT, FOR HUSBAND TO USC

[02/23, 2012]  - DAY 001  (day 0001) (AOS) Mailed package to Chicago Lockbox via USPS overnight
[06/01, 2012]  - DAY 099  (day 0099) 2-year Conditional GC in hand
[05/05, 2014]  - DAY 001  (day 0802) (ROC) Mailed package to Vermont Service Center via USPS overnight

[05/14, 2014]  - DAY 009  (day 0811) Received NOA1 (GC Extended for 1 year)

[01/14, 2016]  - DAY 620  (day 1421) 10-year GC in hand

[02/22, 2017]  - DAY 001  (day 1826) (N-400) Mailed package to Lewisville, TX, via USPS overnight

[01/10, 2018]  - DAY 323  (day 2149) (N-400) Naturalization Oath Ceremony (5 years, 10 months, 19 days)

[01/10, 2018]  - DAY 001  (day 2149) (US Passport) Applied for US Passport, regular processing

01/25, 2018]  - DAY 015  (day 2164) (US Passport) Passport in hand (5 years, 11 months, 3 days from start of Journey.)

 

AOS, N-400, & PASSPORT FOR DAUGHTER [OF HUSBAND TO USC]

[06/14, 2013] - DAY 001 Mailed package to Chicago Lockbox via USPS overnight
[11/21, 2013] - Day 153 SSN and 10-year GC in hand

09/01, 2021]  - (day 3001) (US Passport) Passport in hand (8 years, 2 months, 18 days from start of Journey.)

_____________________________________________________________________________________________________________________

 

Except the Lord build the house, they labour in vain that build it: except the Lord keep the city, the watchman waketh but in vain. Psalm 127:1

Link to comment
Share on other sites
geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Petitioning or applying for another status does not terminate your current one. However, using the benefit of another status will. So, for instance, if you leave the US and re-enter using AP, then your status is a parolee instead of H-1B. If the I-485 is subsequently denied, then the AP is revoked and you would become out of status.

 

Applying for AP + EAD is fine. There's no fees and no drawback in doing so. But if you are 100% sure you wn't use them, then you don't have to either. It's a good backup to have in case your H-1B is not renewed or is revoked or something, at least.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites
ColoradoBeauty Collaborator

ColoradoBeauty   79

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
 Timeline
Posted

From what I read below, I-485 might conflict with H1B extension

 

The following post suggests applying EAD if you want to change job or if current H1-B will expire soon.

Another reading material:

https://www.kwvisalaw.com/2017/11/06/is-it-better-to-travel-on-my-h1b-visa-or-with-advance-parole/

Spoiler

Aug 2011 - Arrived on F1 visa

09/06/2015 Started exchanging messages

10/13/2015 We met in person

07/01/2017 We got engaged!

10/31/2017 We got married!

11/08/2017 AOS Package (I-130, I-485, I-765, I-131) sent via USPS - Chicago Lockbox

                      (Priority Mail - USPS autocorrected zipcode to 60680-4187)

11/12/2017 Package delivered (Delayed due to USPS mistakenly took it to 60624 and Veteran's Day) 

11/13/2017 Received Date (Priority Date)

11/21/2017 Received 4 e-mails & 4 text notifications (01:30 AM EST); checks cashed

11/28/2017 Received 4 NOA1 hard copies

12/09/2017 Received Biometrics Appointment Letter (for i-485 and i-765)

12/21/2017 Biometrics Appointment

01/08/2018 **I-765 and I-131 Approved** (61 days)

01/16/2018 %%Received combo card%% (tracking shows USCIS sent it on Jan 11 from MO, then Jan 15 USPS closed for MLK day) 

01/20/2018 Received approval letters for EAD and AP

09/20/2018 Received text 'Interview was scheduled' and interview notice will be mailed

09/27/2018 Received Interview notice by mail

10/25/2018 Interview day

10/26/2018 I-485 case status updated to "We ordered your new card"

10/29/2018 Case Status updated to "We approved your Form I-485"

10/31/2018 Case Status updated to "We mailed your new card"

11/01/2018 My card was picked up by the USPS with tracking number assigned

11/05/2018 Green Card Received 

 

Side note: I turned my maiden name into second middle name. In the combo card, my given name is First Firstmiddleinitial, however on the back of the card, they attempted to list my second middle name. 

 

My application package:

Interview Experience:

 

 

Link to comment
Share on other sites
  • 2 weeks later...
Koni10 Apprentice

Koni10   22

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

Thanks for the inputs! I also talked to the attorney that my employer uses (who is not the most competent), and he says I can file H-1B and AOS at the same time. Just don't use AP or EAD while in H-1B status. So basically what geowrian said is what I am going to do. I initially wasn't sure whether I should even bother filing AP/EAD, but just in case H-1B goes wrong... It shouldn't, but with USCIS, you never know what happens. 

 

Thanks ColoradoBeauty for raising the potential issue. I think in our case, we will do the H-1B first, then AOS. 

Marriage-based AOS from H1B

(Employer filed H1B extension before I filed AOS with spouse)

4/4/2018: AOS package (I-130, I-485, AP & EAD) sent

4/6/2018: at 5:00 arrived at Chicago office

4/15/2018: Sunday at 22:30, received email/text notification

4/19/2018: NOA (I-130, I-485, AP&EAD) arrived in mail

4/20/2018: Biometrics app letter arrived in mail

5/4/2018: Biometrics done 

5/7/2018 (p.m.): I-485 and I-765 Status changed to "Fingerprint Review Was Completed"

5/9/2018 (p.m.): I-485 status changed to "Case is Ready to Be Scheduled for An Interview"

8/20/2018 (p.m.): I-765 status changed to "New Card Is Being Produced" 

8/24/2018: Received combo card in mail

11/13/2018: Online status says "Interview was scheduled"

11/19/2018: Interview notice in mail

12/03/2018: Online status changed back to "Case is Ready to Be Scheduled for An Interview" once again, I freaked out

12/18/2018: Attended the interview, approved on spot, status changed to "Card is being produced" within an hour

12/21/2018: "Card was mailed to me"

 

H1B extension (employer) at the same time as marriage-based AOS

3/23/2018: "Case Was Received"

10/16/2018: Approval letter arrives at the employer's office, online status still not updated 

 

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...