EAD and advance parole

[Rakson_jojjo]

Can anybody please answer my below questions?

1.Should EAD and Advance payroll must be applied together with I-485?
2.Can EAD and Advance payroll be filed independently after filing I-485?
3.Can I file EAD and Advance payroll by myself (without going through employer) if I have I-485 applied?
4.What is advantage and disadvantage of going on EAD status instead of H1-B?
5.How many days in advance should I apply for advance payroll if I have to go to my home country ( India) after converting my status to EAD?

[waitin_toolong]

Can anybody please answer my below questions?

1.Should EAD and Advance payroll must be applied together with I-485?
Not necessarily

2.Can EAD and Advance payroll be filed independently after filing I-485?Yes
3.Can I file EAD and Advance payroll by myself (without going through employer) if I have I-485 applied?Yes you can but you need the I-485 receipt
4.What is advantage and disadvantage of going on EAD status instead of H1-B? The advantage of EAD is that you can use AC21 180 days from filing I-485, can work part time and for several employers. You dont need to get H1 stamped to travel.

Advantage of working on H1 is that if your application gets denied you are out of status and need to stop working and depart the country immediately. You dont have to wait for EAD/Ap renewals and they are expensive and take a long time coming.
5.How many days in advance should I apply for advance payroll if I have to go to my home country ( India) after converting my status to EAD? The USCIS recommends 6 months at least but it can take upto 9 to get approval.

My opinion is that if I-140 is not approved dont go on EAD but if possible apply especially for spouse who wants to work. Otherwise not necessary. If H1 stamp is valid for travel use that.

[Rakson_jojjo]

waitin_toolong,

Thanks for this information.
What is AC21 180 days? Sorry I am new to this term.

One more question:
My employer has done labor substitution for me before July 16 and I am not sure whether he got receipt for this labor substitution or not. I have read that now USCIS is taking much longer for receipt dispatch and it may go for another month.

Can my employer file my I-485 on the basis of approved labor certification receipt which was filed for another employee (but is substituted) for me?

Rakson

[waitin_toolong]

the legislation called AC21 allows you to change employers 180 days after filing I-485

[Rakson_jojjo]

Thanks for educating me on AC21. I appreciate your reply.

- What is the probability of GC rejection after I-140 approval?
- If we will maintain H1-B status(both my wife and I have H1-B valid till 2009), do we still need advance payroll before expiry of H1-B for traveling (3 – 4 weeks) outside US after filing I-485?
- As I have not completed six years on H1-B, can I still get my H1-B extended by my same employer or new employer?

Rakson.

[Rakson_jojjo]

Hi

Can anybody please answer my below questions?

waitin_toolong,
Thanks for your reply in past. Can you please help me more for some of my GC queries?

- What is the probability of GC rejection after I-140 approval?
- If we will maintain H1-B status(both my wife and I have H1-B valid till 2009), do we still need advance payroll before expiry of H1-B for traveling (3 – 4 weeks) outside US after filing I-485?
- As I have not completed six years on H1-B, can I still get my H1-B extended by my same employer or new employer?

Rakson.

[waitin_toolong]

Hi

Can anybody please answer my below questions?

waitin_toolong,
Thanks for your reply in past. Can you please help me more for some of my GC queries?

- What is the probability of GC rejection after I-140 approval?
- If we will maintain H1-B status(both my wife and I have H1-B valid till 2009), do we still need advance payroll before expiry of H1-B for traveling (3 – 4 weeks) outside US after filing I-485?
- As I have not completed six years on H1-B, can I still get my H1-B extended by my same employer or new employer?

Rakson.

..well i dont know anything about probability of rejection, as long as everything is legit it usually gets approved.

if you have a valid stmp on the passport you dont need AP just I-485 receipt.

Yes you can extend it even beyond 6 yr based on pending I-140/I-485

[Rakson_jojjo]

Thanks again waitin_toolong,

One last question, if I continue H1-B status after I-485 filing. Would I be able to switch my current employer (as in AC21)? Or EAD status is mandatory for getting the benefit of AC21?

I hope this would be my last query before closing this thread. I really appreciate your answers and I am sure this thread will help others on this forum for clarifying many queries related to I-485, EAD and AP.

Rakson

[waitin_toolong]

well, if you do H1 transfer then you can switch employers without using EAD.

To work you either need EAD or H1 or if applicable L1

[Rakson_jojjo]

Thanks!! waitin_toolong