It just doesn't make sense for a parolee to work on H1b, other than to simplify I-9 work for his/her employee, as the parolee is in possession of a EAD card anyway. A parolee who enters on AP and continues working on H1 is not in H1 status unless that H1 is extended and a I94 is issued. This is my understanding.Originally Posted by gammaray
Good question. I was paroled in. I didn't get the H1B stamp in my passport in India. Once I came back to US, I didn't give a shit about what status I was in. I continued to work normally just as before my travel. I didn't bother my employer (specifically HR) with any details about my India visit. That was none of their business. My immediate boss was aware of my India trip and he didn't care either. H1B issue was relevant only after 1.5 years at the time of renewal. At that time, when the attorney asked for details about my last entry into the country, I honestly provided him all the correct documentation (photocopy of the passport page where my parolee status was mentioned). He didn't raise any questions, neither did USCIS. That's my story. Hope this helps.
Here is the famous Cronin memo from year 2000
https://cbkimmigration.com/wp-conten...ronin-memo.pdf
As per this, I understand that USCIS is only interested to know if the alien can establish intent of future employment. That's it.
They do not care about EAD employers, as this is open-market employment card
Others, chime in as necessary
This section is relevant. This is straight from the memo. USCIS is ONLY interested if you used EAD to work for the same(or different) employer with whom you were on H1B
2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Last edited by vidya_garu; 06-11-2021 at 05:57 PM.
umm..what doesn't make sense? It's simple language (though twisted logic) -- A person who enters on AP is a parolee and not on h1b status anymore, however, they still enjoy the benefits of h1b (without actually being on h1b) and can continue working with the same employer as if nothing changed. The status then officially switches back to h1 when the employer files for an extension (which the employer can since the benefit of the prior h1b still exists).
It's what is stated in Q&A No. 3 and No. 4 in the memo you posted.
Sorry Dragonfly - my last post on H1b discussions in this thread.
People have asked this question to various reputable lawyers in the past and they got split opinions. Some lawyers said it is allowed and some lawyers said it isn't allowed. And that's why the question remained unanswered till this day.
Just to be on the safe side, it is very important to have NO GAPS in your EAD. If USCIS somehow someday questions the legality of your H1B, then you can present them all the EADs for the entire period, and it is not illegal to work for multiple employers as long as you have a valid EAD.
Some may ask another question....why continue to work on H1B if you have EAD in the first place? Well, I can think of two reasons:
1. H1B comes with prevailing wage determination every single time, and prevailing wages continued to increase significantly during the Trump era. So, you have a chance to get your salary raised every single time you go for renewal if you current salary is below the market rate.
2. In case your I-485 gets rejected (highly unlikely event), then you can still possibly continue to work in US for additional 2-3 years depending on the remaining period on your H1B.
Last edited by vedu; 06-11-2021 at 06:25 PM.
You have to apply for 140, it has to be approved. You will be filing 485, medicals, are you applying for EAD/AP also?
First you will need to get the receipts for applications. Back in October 2020, it took 3-4 months for some to get the receipt. Few people are yet to complete their biometrics.
It took 9 years for idliman to get his GC after his date was current for the first time.
There are many other who are current since the beginning of this year, and still waiting. Lot of applicants are now seeing interview scheduled as well. So before even applying for 140, asking for when can you expect GC can give you a very large range of 1-10 years.
So my sincere suggestion, treating the GC approval like a software project with timelines very unreliable. When can I expect my GC question makes you sound like a project manager with limited idea about the process.
Last edited by AceMan; 06-14-2021 at 09:19 AM.
PD: EB3-I 24 Feb-2011
I-485, I-765, I-131 applied : 26 OCT 2020 BIOMETRICS : 19 MAR 21 RFE : 13 APR 21 RFER : 14 MAY 21 EAD APPROVED : 17 JULY 21
I-485 Interview and Approval : 15 DEC 21 CARD Received : 23 DEC 21
You have mentioned that your is PD is Aug 2010, I would assume you must have prior I140 approval. Why do you need to reapply I140 ? is it Downgrade ? Your PD is already current.
I changed employers and got a new PERM approved last month. I missed Oct 2020 filing because of no PERM. I'm not downgrading. I had the option of downgrading in May 2021, but my company lawyers wanted $10k to downgrade ( I know :-( ) . I thought i will just wait out one month, as I had to shell out $2500 for I-140 premium. My lawyers are moving at snail's pace, as they now know that my PD will be current in July as well ( atleast for now)
My H1 also expires in Nov 2021 and I'll be filing for extension as well
Is yours a downgrade?
Last edited by vidya_garu; 06-14-2021 at 09:56 AM.
Ok I see . Mine is straight EB3, For some reason My employer didn't agree for EB2 back then and never supported for upgrade. You should be good in getting 140 approval sooner as it is based on original PERM. Get you medicals done as quickly as possible it might take 7-10 days. then Good Luck on Greencard waiting. People are getting GC in 2 weeks to 10 years. Every case is different and everybody have their own luck. My feeling is we should get GC by end of this year or early-mid next year for sure.
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