vckomara,Originally Posted by vckomara
This was answered several times!
Please refer to Federal Register Vol 72 No. 211, you will find the answer.
You can download it here, refer to pages 61791-2
vckomara,
This was answered several times!
Please refer to Federal Register Vol 72 No. 211, you will find the answer.
You can download it here, refer to pages 61791-2
Not a Legal advice/opinion, please check with good immigration attorney.
vckomara,
If you return on H1B then the pending Advance Parole application is not abandoned.
Travel has no effect on a pending EAD.Advance Parole Pending - Travel During.
AILA: The new 1-131 instructions say: “If you travel before the advance parole document is issued, your application will be deemed abandoned if (1) you depart from the United States.”
We would like to confirm that abandonment of a pending advance parole application does not occur if the foreign national is otherwise authorized to depart and return either because the foreign national (a) already possesses a valid I-512L and returns before the 1-512L expires, or (b) has an 1-485 pending and is re-admitted as an H-1, H-4, L-1, L-2, K-3, K-4, V-2, or V-3.
USCIS: (a) If a foreign national (i) already possesses a valid, unexpired advance parole, (ii) applies for a new advance parole while he/she is present in the U.S., and (iii) then departs the U.S., the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession. If the foreign national returns timely, abandonment of the pending advance parole application would not occur. However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.
(b) Yes, we confirm that that abandonment of a pending advance parole application does not occur if the foreign national is otherwise authorized to depart and return because the foreign national has an 1-485 pending and is readmitted as an H-1, H-4, L-1, L-2, K-3, K-4, V-1, V-2, or V-3.
http://www.uscis.gov/files/nativedoc...ILA_2Apr08.pdf ADDENDUM V
Without an irritant, there can be no pearl.
Greatly appreciate your quick response. That's what I thought but just wanted to make sure I am not missing anything in my interpretation.
I'm little confused -
1. can I travel to India after receiving my 485 receipts and I'm on H1 extension ( visa not stamped ) - and get it stamped.
Is it considered as valid H1 and 485 not abandoned ?
2. I go to India and my EAD/AP is received at US address and then some one courier it to me to India and I use AP to enter US. Is it valid ?
Last edited by codesmith; 01-19-2012 at 12:34 PM.
1: Yes, if you get a valid Visa stamp, you can come back using that. And since you have the recipts, 485 is not abandoned.
2: No, you must have AP with you before leaving.
Keep in mind...you need a valid visa stamp for re-entering. You cannot enter with recipts. So if you can wait, then go once you have AP in hand.
NSC - EB2I | PD: Sept, 2007 | RD: 03-Nov, 2011 | ND: 08-Nov, 2011 | FP Notice: 10-Dec,2011| FP Done: 30-Dec,2011
EAD/AP(Approval Email): 09-Dec, 2011 | EAD/AP(Physical Card): 15-Dec, 2011
GC(Approval Email): 27-Jan, 2012 | GC(Physical Card): 01-Feb, 2012
Thanks.
I didn't know this - you must have AP with you before leaving.
My only worry is getting visa stamped, since it's so difficult to get it stamped in first go and also I'm working on EVC model, not a direct client.
If it's not urgent, I wouldn't travel without AP.
If something goes wrong while stamping, you are stuck.
NSC - EB2I | PD: Sept, 2007 | RD: 03-Nov, 2011 | ND: 08-Nov, 2011 | FP Notice: 10-Dec,2011| FP Done: 30-Dec,2011
EAD/AP(Approval Email): 09-Dec, 2011 | EAD/AP(Physical Card): 15-Dec, 2011
GC(Approval Email): 27-Jan, 2012 | GC(Physical Card): 01-Feb, 2012
https://wwws.whitehouse.gov/petition...ampaign=eb2eb3
All BS but at least they are taking noticeOfficial White House Response to Allow Seriously Backlogged EB2/EB3 Beneficiaries with Their I-140 Approved to File I-485 and Apply for EAD & AP
Removing Bottlenecks in the Visa Process
By Felicia Escobar
Thank you for signing the petition "Allow Seriously Backlogged EB2/EB3 Beneficiaries with Their I-140 Approved to File I-485 and Apply for EAD & AP."
The Obama Administration is committed to removing bottlenecks in the current process so that both applicants and businesses can meaningfully participate in our existing immigrant and nonimmigrant visa systems. Due to an outdated visa system that only Congress can change, too many of the world's brightest entrepreneurial minds are not allowed to come to the United States or stay here and thrive. Some have come to the United States, received training at our excellent universities, and then been required to leave. Others simply have been unable to find a path here in the first place.
Today, many I-140 approved beneficiaries from countries such as China and India must wait several years for a visa to become available because of statutory limits on the number of visas that can be issued to nationals of a particular country in a given fiscal year. The proposal outlined in this petition asks that beneficiaries of approved I-140 immigrant worker petitions be allowed to apply for adjustment of status while they wait for visas to become available, which would allow the accompanying interim benefits of an Employment Authorization Document (EAD) and Advance Parole -- in other words, the ability to work in the United States and to leave the United States and return while awaiting a visa. Unfortunately, the U.S. Citizenship and Immigration Services (USCIS) cannot change the statutory requirement that a visa must be immediately available at the time an individual is allowed to file an application to adjust their status. This proposed reform can only be made by Congress through changes to the law.
Over the past year,top Administration officials have traveled throughout the country to talk with thousands of entrepreneurs and small business ownersas part of listening sessions organized by the President's Council on Jobs and Competitiveness, the U.S. Small Business Administration, the White House Business Council, and the White House Startup America Initiative. The message we hear is resounding: our Nation's immigration system is broken and must be reformed.
The President has outlined his vision for restoring responsibility and accountability to the broken immigration system in the Blueprint for Immigration Reform (pdf), which outlines the challenges we must tackle and the solutions we must implement if we are to build a 21st century immigration system. The President believes that this will require:
Continuing to make border security the responsibility and priority of the federal government;
Holding accountable businesses that break the law by exploiting undocumented workers;
Making those living in the United States illegally take responsibility for their actions, before they can get on a path to legalization, by passing a background check, paying fines, paying taxes, and getting right with the law; and
Strengthening our economic competiveness by creating a legal immigration system that meets our 21st century economic and security needs. This includes making reforms to the existing employment- and family-based immigration system, including existing caps to ensure successful high-skilled immigrants are able to remain in the U.S. permanently.
The President is willing to sit down with any Congressional leader -- Republican, Democrat, or Independent -- who shares his commitment to fixing the broken immigration system so that it meets America's economic and security needs. We need leaders who are willing to engage in a constructive policy debate on this important issue.
As we continue to build support for legislative reform, the Administration will continually look for ways to improve the current immigration system, and we have proposed several important changes in the past several months. Recently, USCIS Director Alejandro Mayorkas joined the President's Council on Jobs and Competiveness in Pittsburgh to announce the "Entrepreneurs in Residence" initiative, which will utilize industry expertise to strengthen USCIS policies and practices surrounding immigrant investors, entrepreneurs, and workers with specialized skills, knowledge or abilities.
You can continue to act and help the Administration make lasting change to immigration. President Obama has called for a national conversation on immigration reform that builds a bipartisan consensus to fix our broken immigration system so it works for America's 21st century economy. But he can't do it alone. Over the last several months, dozens of communities have answered his call, holding meetings with local business leaders, faith leaders, law enforcement leaders and others to discuss the changes necessary to create a 21st century immigration system. He is asking you and other Americans to continue the conversation in your community by hosting a roundtable. Find out more and tell us about your roundtable at http://www.whitehouse.gov/immigration.
Thank you for making your voice heard. We greatly appreciate your interest and hope that you continue to share your views with the Administration.
Felicia Escobar is Senior Policy Advisor for the Domestic Policy Council
If one enters on AP what date I-94 will carry? What happens if this expires and new EAD/IP card arrives, but expired I-94
The date I-94 carries will be something that the Immigration Officer decides. For Eg: My AP expires by April of next year but the Officer gave me 1 year I94 validity till Sept.2013.
I dont think there is an issue with AP renewal and an expired I94, but not sure. I will wait to hear from someone who has gone through this and check with the attorney.
Can someone also clarify how to extend the Drivers license with EAD/AP? It may be state dependent, but in general - does it have to year by year status check?
bvsamrat,
Dont know what happens in other states but in NJ as far as documentation requirement goes you need a copy of the EAD card, bank statement, address proof and valid passport to get it renewed. There are options for replacing the bank statement and passport with other things most of which are not applicable for us (especially for passport). I had my license renewed on the basis of EAD card in May this year, in NJ, and they only gave one with an expiration date till the date of expiration of the EAD card itself. Earlier they would give a couple of months extra based on H1 expiration and when I reminded the officer of the same I was told "Not Anymore" as "that is what has been communicated to us". So atleast for NJ residents we have to hope that the EAD renewals come before the EAD expires or it will be a problem. Hope this helps.
TSC | PD - 1 May 09 | RD - 1 Feb 12 | ND - 6 Feb 12 | FP Date - 13 Mar | EAD/AP CPO - 3 Mar | 485 - Waiting
Quick question to other APers. When we re-enter the country on AP and if our H1B renewal has not been stamped on our passport, presumably we're now working on our EADs (although there is some debate on whether the H1B is still valid or not).
My question: Do we, our lawyers, or our employers need to do anything to signify this change? Does someone need to send something in to the USCIS, DoS, DoL or anyone else?
NSC (originally TSC, transferred to NSC on 02/13/13) |-| PD - 04/25/08 |-| MD - 01/19/12 |-| RD - 01/27/12 |-| ND - 01/31/12 |-| Check Encashed - 02/02/12 |-| NRD - 02/04/12 |-| FPND - 02/09/12 |-| FPNRD - 02/17/12 |-| FP Early Walk-In - 02/24/12 |-| EAD/AP Approval & card production notice - 03/07/12 |-| EAD/AP RD - 03/12/12 |-| EAD/AP renewal RD - 12/11/12 |-| EAD/AP renewal approval - 01/22/13 |-| 485 Approval notice - 09/04/13 |-| GC RD - 09/11/13|
Pedro,
The Cronin Memo governs this situation and is discussed in this Murthy Article.
If you returned using an AP, usually the I-94 says "Parolee" and is valid for 1 year from entry.
If you use AP to enter the USA, you are a Parolee. If you use an H1B visa (stamp), you are granted admission in H1B status. It is impossible to be admitted in H1B status using Advance Parole. AP is not an admission.
Part of the Cronin Memo says that, had your H1B Employment Authorization not expired, then not using an EAD when returning on AP to work for the H1B Employer will not be considered Unauthorized Employment.
From the Cronin Memo:-
That is entirely different to saying the person is in H1B status. In fact, the Cronin Memo makes this clear.4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the United States via advance parole, the alien is accordingly in parole status. How does the interim rule affect that alien’s employment authorization?
A Service memorandum dated August 5, 1997, stated that an “adjustment applicant’s otherwise valid and unexpired nonimmigrant employment authorization …is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii).” The Service intends to clarify this issue in the final rule. Until then, if the alien’s H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant’s failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule.
A person would not be admissible as an H1B non-immigrant if they did not have a valid H1B visa (stamp).5. Should an alien returning to the United States from travel abroad who has a valid 1-512 and a valid H-1 or L-1 nonimmigrant visa be paroled in or readmitted in H-1 or L-1 status?
If an alien has a valid H-1 or L-1 nonimmigrant visa and is eligible for H-1 or L-1 nonimmigrant status and also has a valid Form I-512, he or she may be readmitted into H-1 or L-1 status or be paroled into the United States.
It is the alien’s prerogative to present either document at inspection.
However, if an alien presents both a valid H-1 or L-1 nonimmigrant visa and a valid Form I-512, and the alien is eligible for the H-1 or L-1 nonimmigrant classification, the Service should inform the alien that H-1 and L-1 nonimmigrants no longer need to use advance parole to preserve pending applications for adjustment of status and should admit the alien in H-1 or L-1 nonimmigrant status.
The fact that an alien has applied for advance parole and received Form I-512 does not compel him or her to use the advance parole.
If the alien is not admissible as an H-1 or L-1 nonimmigrant, then he or she cannot be readmitted as an H-1 or L-1 nonimmigrant. Instead, such an alien may be paroled into the United States.
The Cronin Memo also allows the H1B to be extended after returning using AP. If approved, the Parole is terminated and the person returns to H1B status. This is evidenced by the I-94 received with the extension approval.
3. If an H-1 or L-1 nonimmigrant has traveled abroad and was paroled into the United States via advance parole, the alien is accordingly in parole status. Does this interim rule allow him or her to now apply for an extension of nonimmigrant status?
Until the final rule is published, an alien who was an H-1 or L-1 nonimmigrant, but who was paroled pursuant to a grant of advance parole, may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If the Service approves the alien’s application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.
Without an irritant, there can be no pearl.
The Memo specifically allows for the H1B to be extended in these specific circumstances, so the other comment is moot.
Even if it weren't, the person must have an approved I-140 (since they have AP) and would be eligible for approval outside the cap anyway.
I know Ron Gotcher holds the view that it is safer to use EAD, because this is a legacy Memo which could be withdrawn at any time. It's been in place for over a decade now, so the chances seem slim.
On the face of it a transfer with EOS does not seem possible until the person regains H1B status. They can do this through the grant of an extension or if they leave the USA and return using a valid H1B visa to gain admission in H1B status.- H1B petition cannot be transferred to a new sponsoring employer since it is no longer valid in absence of a stamp
----- This means AC21 is the only way to transfer to a new employer
That is what this section of the Cronin Memo seems to imply:
A new employer can still file an H1B petition (with Consular Processing), but the person (if still a Parolee) would probably have to get a new H1B visa stamp (and use it) to regain H1B status.6. Is an alien who has a multiple entry 1-512 and who has previously been paroled into the United States now eligible for admission as an H-1 or L-1 if he or she is still in possession of a valid H-1 or L-1 visa?
Yes, the alien may be admitted as an H-1 or L-1. However, aliens returning from abroad may only be admitted as an H-1 or L-1 when they have a valid H-1 or L-1 visa (unless visa exempt), remain eligible for H-1 or L-1 classification, and, where there has been a recent change of employer or extension of stay, have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval. If they do not meet these criteria, then they use their 1-512.
The H1B petition is still valid, but the person is not in H1B status.
Remember, other visa classes do not get any benefits of the Cronin Memo - O visa holders for example must use Advance Parole, or abandon their pending AOS applications.
Last edited by Spectator; 10-04-2012 at 12:44 PM.
Without an irritant, there can be no pearl.
Spec a couple of more questions
1. Does that mean that after returning the person should fill the I-9 form with the employer again and specify that he is using EAD instead of H1-B. So the approved H1-B without the stamp is not of much use (except if I-485 gets denied, but even then you need to go out of US, get stamped and come back in).
2. If I-94 is only issued with one year validity with AP, does that mean that if using AP a person needs to go out and come back in every year if he has once entered using AP. There has to be some other option.
Last edited by GhostWriter; 10-04-2012 at 01:20 PM.
Comments inline.
Without an irritant, there can be no pearl.
I was not aware that people on AP are eligible for FAFSA. That is interesting information - and one that may be of value to me in near future.
EB2I NSC | PD: 08/07/2009 | Forum Glossary
Hi,
My EAD/AP expires on feb 10th 2013. I applied for my EAD/AP extension today through my attorney.
I am planning to travel to India on Dec30th and return back on Feb2nd 2013. I even booked my tickets. I've my H1 until Sept 2013.
When I come back from India, as my AP expires in Feb 2013, the I-94 will 've expiry as Feb 2013.
These are the scenarios I am worried:
1) If I dont get my AP by the time I come from India, will my status be illegal? Will I've any problem at the POE?
2) If I get my AP when I am in India? can I use that if my husband or someone send it to me?
and also I read in the forum that
My attorney said I'll not have any issue by using my current AP and travel and she also said that though I get my new AP, I cannot use it during this trip and have to come back with the current AP.The most credible answer appears to be that while you will be working on EAD, your H1B continues to be valid, and you can get it stamped on future trips to India. The only downside of entering on an AP appears to be that your I94 expires when your AP expires (within 1 year) so you will need to make trips abroad every year at least to keep your I94 valid.
So, do I need to travel abroad for keeping my I-94 valid?
Greatly appreciate your suggestions..
PD: 14 July 2008, RD:03 Jan 2012 ,ND:06 Jan 2012, FP Date:26 Jan 2012, EAD/AP Approval: 10 Feb 2012, EAD/AP Received: 17 Feb 2012,GC: RFE
1: Do you have a valid Stamp for your H1B until your return i.e. Feb-02-2013? If yes, you can come back on H1 and no need to worry for AP. You will get a new I-94 on return. If you don't have a valid H1B stamp, then you need a new stamp or can use AP.
2: Since you have AP Valid till Feb-10-2013, you can use it to come back on Feb-02-2013. i.e. you must return on/before the expiration of AP, Feb-10th. Your status will not be illegal.
3: You must have a valid AP before you leave i.e. your husband cannot send you the AP while you are in India.
In short, your attorney is right.
NSC - EB2I | PD: Sept, 2007 | RD: 03-Nov, 2011 | ND: 08-Nov, 2011 | FP Notice: 10-Dec,2011| FP Done: 30-Dec,2011
EAD/AP(Approval Email): 09-Dec, 2011 | EAD/AP(Physical Card): 15-Dec, 2011
GC(Approval Email): 27-Jan, 2012 | GC(Physical Card): 01-Feb, 2012
Thank you for your response.
I do not have h1 stamp, I am not indending to get it stamped. As I work on contarct basis.
Is it ok if I stay in US with I94 which is expired? but have valid AP and EAD as my employer said he will not extend my H1 and I've to work on EAD.
Thanks in advance!
PD: 14 July 2008, RD:03 Jan 2012 ,ND:06 Jan 2012, FP Date:26 Jan 2012, EAD/AP Approval: 10 Feb 2012, EAD/AP Received: 17 Feb 2012,GC: RFE
Yes, that shouldn't be a problem when working on EAD.
NSC - EB2I | PD: Sept, 2007 | RD: 03-Nov, 2011 | ND: 08-Nov, 2011 | FP Notice: 10-Dec,2011| FP Done: 30-Dec,2011
EAD/AP(Approval Email): 09-Dec, 2011 | EAD/AP(Physical Card): 15-Dec, 2011
GC(Approval Email): 27-Jan, 2012 | GC(Physical Card): 01-Feb, 2012
Thank you gc0907!
PD: 14 July 2008, RD:03 Jan 2012 ,ND:06 Jan 2012, FP Date:26 Jan 2012, EAD/AP Approval: 10 Feb 2012, EAD/AP Received: 17 Feb 2012,GC: RFE
Is this technically possible?
1.H4 to EAD. leave the country for 2 months,
2.enter with valid H4 visa( H-1B is valid) and revert back to EAD.
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