Primary on EAD and dependent now changing to H1B

[ar_prat]

Hello,

I have a unique situation. I am the primary on our 485 application and both me and my husband are using our EADs. We applied for a renewal in December and I got mine approved. But his is still stuck in initial processing. His EAD will expire in 10 days. His employer said they will terminate his employemnt as soon as his EAD expires. They are however willing to apply H1B (he will still have to go out of the country to get his visa stamped). My question is will this effect his pending 485 application? Will he have to fly home in India to get his Visa stamped or is it ok if he goes to Canada/ Mexico? Attorneys or experts please respond.

 

Thanks,

A

[Belle]

No, it won't affect the pending application. It is OK to go to Canada or Mexico, but find out if you need to book the appointment early.

[ar_prat]

Thanks for the response Belle! We talked to the local senator about my husband's pending EAD case and then got a response back from USCIS that it is currently in Security Check. Since we applied late and the processesing time is not 3 months yet there is nothing much we can do from our side. My husband's company apparently works with a top immigration firm and they said that he will indeed be abandoing GC if he leaves the country without AP and returns on H1 (The AP application is also pending and not likely to be approved before EAD). They were surprised that it is pending Security check for an EAD application. They said typically the security checks can go on for months and years too. Has anybody been in a similar situation with EAD stuck in security check? Did anybody get their EADs after a security check and how long did it take? Thanks for any input you all can provide,

[t75]

If you want an attorney's opinion, PAY FOR IT

[ar_prat]

t75. I already got a paid consult from one of Murthy's attorney even after talking to my company's attorney and also my husband's attorney.

So you can shove your negative attitude somewhere else... If you can read you will see that my question is addressed to people who are in similar situation. You apparently have a problem reading as well.

[Belle]

Try Writ of Mandamus. If his H1 petition is approved (with no I-94 at the bottom) , it is not considered to be abandonment to leave the country for stamping. The question is whether he is going to get into the same check if he applies for a visa. As an alternative, he take an unpaid leave and stay in the US for as long as he has the job offer. You may work if your EAD got approved.

[ar_prat]

Belle, When we talked to Murthy's attorney he said that Mandamus can be applied 6 months after the receipt date. We are not at the 3 month processing window yet. The suggestion we got was to try and expedite the AP atleast so he can visit and work from India (for 3 months) or just wait for the 90 day window and request interim EAD if possible. I think that is what we will do, request expedite AP. I will keep the post updated. THX

[Belle]

Sound like a plan. Best of luck!

[ar_prat]

Latest update. My husband was terminated from his Job after the EAD expired but he got his EAD a week later and he was rehired back. So all is well that ends well :)