EAD/AP Combo Approval

[chancecody 125]

Hi Everyone!

 

My I-131 and I-765 both went to NBC. The processing time for I-131 is only 3 to 5 months while it is longer for I-765 at 8.5 to 9.5 months. Since it is a combo, does this mean that even if I-131 is approved earlier, I will not be able to travel and leave the US if the I-765 is still outstanding? I only care about AP as I work remotely for a Canadian company. I wonder if I should cancel I-765.

 

Please provide advice. Thanks!

[Verrou 1,962]

normally you will get combo. but, i saw little amount of people didnt get combo. if its the case and u get only AP, u can leave the country, without EAD. it's 2 different thing. EAD = work, AP = emergency travel

 

note. u still need EAD if you work remotely in the US even for canadian company

Edited August 14, 2021 by Misscloud

[HRQX 4,145]

38 minutes ago, chancecody said:

does this mean that even if I-131 is approved earlier

If they are approved separately then it'll be 2 different documents; i.e. it would be:

• a I-512L document, and

• an EAD that says "NOT VALID FOR REENTRY TO U.S."

[chancecody 125]

Thanks very much both for the information! Much appreciated. Does anyone know if I can expedite AP? Someone said in another thread than only EAD can be expedited.

 

 

[chancecody 125]

16 hours ago, Misscloud said:

 

 

note. u still need EAD if you work remotely in the US even for canadian company

There are differing opinions on this because Congress has clearly not defined it. Some people even interpret the law using IRS. For me, I interpret it using the USCIS Policy Manual and also using the 8 CFR 274a.12(a)-(c). The following defines what unauthorized employment means and the definition of an employer. The term employer means a person or entity, including an agent or anyone acting directly or indirectly in the interest thereof, who engages the services or labor of an employee to be performed in the United States for wages or other remuneration. My job in Canada does not meet the definition.

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6

 

https://www.ecfr.gov/cgi-bin/text-idx?&node=pt8.1.274a

 

Regardless, even if my interpretation of the law is incorrect, I fall under the Immediate Relative category so this bar to adjustment does not apply.

 

 

 

[chancecody 125]

4 minutes ago, chancecody said:

There are differing opinions on this because Congress has clearly not defined it. Some people even interpret the law using IRS. For me, I interpret it using the USCIS Policy Manual and also using the 8 CFR 274a.12(a)-(c). The following defines what unauthorized employment means and the definition of an employer. The term employer means a person or entity, including an agent or anyone acting directly or indirectly in the interest thereof, who engages the services or labor of an employee to be performed in the United States for wages or other remuneration. My job in Canada does not meet the definition.

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6

 

https://www.ecfr.gov/cgi-bin/text-idx?&node=pt8.1.274a

 

Regardless, even if my interpretation of the law is incorrect, I fall under the Immediate Relative category so this bar to adjustment does not apply.

 

 

 

Also adding the definition of employment. I know in VJ and online in general, people argue about this until they are blue lol.

 

The term employment means any service or labor performed by an employee for an employer within the United States, including service or labor performed on a vessel or aircraft that has arrived in the United States and has been inspected, or otherwise included within the provisions of the Anti-Reflagging Act codified at 46 U.S.C. 8704, but not including duties performed by nonimmigrant crewmen defined in sections 101 (a)(10) and (a)(15)(D) of the Act. 

[HRQX 4,145]

1 hour ago, chancecody said:

My job in Canada does not meet the definition.

Any work done while in the United States, even if for a foreign company and even if paid to a foreign bank account still counts as “employment” in the United States.

 

(Just clarifying for future reference)

1 hour ago, chancecody said:

I fall under the Immediate Relative category so this bar to adjustment does not apply.

That is correct.

 

Just don't include the remote work income in the sponsor's I-864 like this guy did: "They now are asking for evidence I am authorized to in the United States."

 

[chancecody 125]

9 minutes ago, HRQX said:

Any work done while in the United States, even if for a foreign company and even if paid to a foreign bank account still counts as “employment” in the United States.

 

(Just clarifying for future reference)

That is correct.

 

Just don't include the remote work income in the sponsor's I-864 like this guy did: "They now are asking for evidence I am authorized to in the United States."

 

Thanks for the advice. I did not include that in the I-864 filed back in July. I read this thread and knew better 😄.  My spouse did not meet the income requirements but we used a joint sponsor (parent of the USC) because my foreign income did not count.

 

Do you think I can expedite AP using grounds of “severe financial loss to a person”. Things are opening up in Canada and I am required to at least travel 1x per month. I could say to USCIS that I could lose my job etc if I don’t get the AP document.