EAD/AP


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This week, Murthy Law Firm attorneys will answer questions related to working pursuant to EADs and travelling based on advance parole. 

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I have been on EAD/AP since 2010, and have also had a H1B. I would like to quit my current job and start a business of my own, which may not be very similar to my current work. My current EAD/AP expires in Jan 2020.

1. Can I and my wife apply for EAD/AP without having an employer, perhaps in the process of starting my own business?

2. Any advice on what I can do to retain my priority date and not jeopardize my green card approval?

Edited by Dinu24
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I received an EAD/AP combo card as part of my adjustment of status application through my marriage to a U.S. citizen. Because my case has been pending for quite some time, I would now like to renew both documents. When I submit my renewal applications and if they are approved, will I be issued a new EAD/AP combo card, or will they send me just an EAD and a separate Advance Parole document?

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I have approved EAD/AP and it was based on L1A. My L1A extension got rejected.

1. Can I continue to stay on EAD/AP and travel in and out of country freely on valid EAD/AP with out hassles.

2.  Can I switch job out of current employer with EAD/AP considering that my original I-140 was based on L1A and now extension is rejected recently.

 

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Hello,

I'm on EAD/AP (no longer on H-1B). My future spouse is in India. What are the options available to us so that my future spouse and I can be together in the US while I wait on the approval my Adjustment of Status? My Priority Date is April 5th, 2010.

Thank you.

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On 5/23/2019 at 9:19 PM, Sandy112468 said:

I have an approved i140 pending 485, but I have my EAD/AP. When I change jobs do I need to file perm , labor and the i140 again?

If your situation qualifies for AC21, then a new PERM/I-140 filing is not required. The following article may be helpful to you: https://www.murthy.com/2016/04/07/final-policy-on-ac21-same-or-similar-job-requirement/

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On 5/24/2019 at 8:42 AM, Dinu24 said:

I have been on EAD/AP since 2010, and have also had a H1B. I would like to quit my current job and start a business of my own, which may not be very similar to my current work. My current EAD/AP expires in Jan 2020.

1. Can I and my wife apply for EAD/AP without having an employer, perhaps in the process of starting my own business?

2. Any advice on what I can do to retain my priority date and not jeopardize my green card approval?

The EAD allows you and your wife to accept any lawful employment in the U.S., technically, even for your own business. However, in regards to the green card application it is advisable you speak with an experienced U.S. immigration attorney prior to making any decisions. 

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On 5/24/2019 at 1:35 PM, maggieagonistes said:

I received an EAD/AP combo card as part of my adjustment of status application through my marriage to a U.S. citizen. Because my case has been pending for quite some time, I would now like to renew both documents. When I submit my renewal applications and if they are approved, will I be issued a new EAD/AP combo card, or will they send me just an EAD and a separate Advance Parole document?

If you are applying for the EAD/AP concurrently, the USCIS will typically issue a combination card. 

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On 5/24/2019 at 2:31 PM, Kaju said:

I have approved EAD/AP and it was based on L1A. My L1A extension got rejected.

1. Can I continue to stay on EAD/AP and travel in and out of country freely on valid EAD/AP with out hassles.

2.  Can I switch job out of current employer with EAD/AP considering that my original I-140 was based on L1A and now extension is rejected recently.

 

It is not clear from your explanation exactly what your situation is. However, assuming you mean your EAD/AP is based on a pending AOS and your I-140 is an EB1C, the L1A extension denial will not invalidate a pending AOS or I-140. Accordingly, your EAD/AP will still be valid. Nonetheless, it is advisable to call our office to clarify your situation. 

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On 5/24/2019 at 2:44 PM, arunsn25 said:

Hello,

I'm on EAD/AP (no longer on H-1B). My future spouse is in India. What are the options available to us so that my future spouse and I can be together in the US while I wait on the approval my Adjustment of Status? My Priority Date is April 5th, 2010.

Thank you.

You may need to get back into H1B status so that your spouse can obtain an H4. Call our office to discuss your situation in detail. 

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On 5/24/2019 at 6:03 PM, abeeshake said:

How long has it been taking to receive an EAD after the biometrics appointment is complete? What are the factors that play into receiving a Green Card once the EAD is received?

EAD processing time is based on where is it being processed, however generally it is taking between five to eight months. You should also be aware EAD work authorization has nothing to do with the processing time of an AOS. 

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