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Old 10-06-2004, 08:01 PM   #1 (permalink)
Tk
 
Posts: 3
Default H1B holder applying for Marriage-based AOS: should I apply for an EAD (I-765)?

1. I'm an H1B worker and just married a U.S. citizen. I'm preparing to
submit Forms I-485 and I-130 with related documents for AOS. Should I
still apply for an EAD? I'm planning on doing that as a security
measure in case I ever get laid off from my current H1B job or to make
it easier to get a new/second job. Is that necessary?

2. I've read in the news that BCIS is going to extend an EAD validity
to more than 1 year based on the estimated time the petition is likely
to be approved. Is that true?

3. I've heard that as long as my H1B status is still valid, I can
travel outside the U.S. without getting Advance Parole. Can anybody
verify? What if I have and use both H1B and EAD for employment at the
same time (using H1B for my current full-time job, using EAD for a
part-time job)? Does that still aplly?

4. Actually the H1B visa I'm holding now is an H1B transfer and I
haven't been outside the U.S. since. The H1B visa stamp on my passport
is from my last employer. If I leave the U.S. as an H1B visa holder
pending AOS, do I need get a new H1B visa stamp before coming back to
the U.S?

Thank you for your help.
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Old 10-06-2004, 08:38 PM   #2 (permalink)
Cookie Munster
 
Posts: 70
Default Re: H1B holder applying for Marriage-based AOS: should I apply for an EAD (I-765)?

    > 1. I'm an H1B worker and just married a U.S. citizen. I'm preparing to
    > submit Forms I-485 and I-130 with related documents for AOS. Should
    > I
    > still apply for an EAD? I'm planning on doing that as a security
    > measure in case I ever get laid off from my current H1B job or to
    > make
    > it easier to get a new/second job. Is that necessary?
    > 2. I've read in the news that BCIS is going to extend an EAD validity
    > to more than 1 year based on the estimated time the petition is
    > likely
    > to be approved. Is that true?
    > 3. I've heard that as long as my H1B status is still valid, I can
    > travel outside the U.S. without getting Advance Parole. Can anybody
    > verify? What if I have and use both H1B and EAD for employment at
    > the
    > same time (using H1B for my current full-time job, using EAD for a
    > part-time job)? Does that still aplly?
    > 4. Actually the H1B visa I'm holding now is an H1B transfer and I
    > haven't been outside the U.S. since. The H1B visa stamp on my
    > passport
    > is from my last employer. If I leave the U.S. as an H1B visa holder
    > pending AOS, do I need get a new H1B visa stamp before coming back
    > to
    > the U.S?
    > Thank you for your help.

As far as i know ..

1. You can apply for it and get it incase you might need to. You will
not loose your H1 status unless you update your I-9/HR with the new
EAD information.

2. That is true

3. Yes that is true you can still travel with your H1b as long as you
maintain it with your co. You can use the EAD with another co. but
if you use the EAD with your H1 sponsering co you will loose your
H1 status.

4. You know I have heard different stores about that. Technically your
visa should have your new co. information on it but i know people who
have used thier H1 from the old co. and have had no problem coming
back to U.S.

I hope this helps. Please correct me if i am wrong.
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