Should I file an EAD?

[noront 6]

Hi, 

 

I'm reading through the helpful guides from Visajourney. I'm about to apply to adjust my status. My husband is a U.S. Citizen. I'm here on a work permit (I-status for representatives of foreign media), My husband and I have been married for 7 years and I've been in the U.S. for 1+ year on this visa. My I-status is listed as "duration of status" so there is no expiry date so long as I continue to be in the same role at the same (foreign HQ) company.

 

I noticed in the guide that it mentions people who are here on a work visa, such as H1B, J-1 or F-1 don't have to apply for an EAD, which means I also don't have to apply for advanced parole. 

 

This would be a huge help to me as I do occasionally have to return back home (Canada) for work-related reasons, so the delay from the AP application may cause some issues. 

 

I'm wondering if it's OK for me to forego to the EAD and AP applications. I will continue to work for my current company (a foreign company) in the same role. But will it cause me problems if I opt not to apply and then travel home for work or a family visit? Also, if I opt not to apply for EAD/AP should I request a letter from my employer saying that the terms of my employment will continue to be unchanged? 

 

I would rather apply than have delays or problems at the border. 

 

Thanks.

[geowrian 22,338]

You can choose not to file for the EAD or AP. You would remain bound by the terms of your existing visa.

That said, an I visa does not permit exiting the US without abandoning your AOS application. If you plan to exit the US and come back, you need either an approved AP or a green card.

Additionally, an I visa does not support dual intent...it's sole purpose is for non-immigrant use. You cannot exit the US then return with the intent to file for AOS.

 

In short...it's best to file for both an EAD and AP in case you need them. There's no extra filing fee.

Edited July 4, 2018 by geowrian

[noront 6]

Thanks for this.