Advance Parole FAQs

I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)

Authored on: Fri, 01/29/2021 - 08:47

Question

I have filed for I-485,EAD,AP along with EB2 to EB3 I-140 downgrade in October 2020. Got the receipt notices.
1)After 6 months of I-140 approval & I-485 pending with USCIS. Once if I switch job to new employer and use my EAD,AP. Should I have to ever come back to my employer (who sponsored my green card)before I receive green card or after I receive green card for any duration of time anytime?
2)What happens if I stay unemployed after using EAD for some days before I receive the green card? Is my I-485 automatically denied?
3)Is it possible for me to go back to EB2 line with same employer if I start using EAD and AP based on EB3 downgrade I receive?
4)Is it possible to start a company on my own using my EAD and work for my own company till I receive green card? If yes, then say I am working project to project basis consulting do I need to file any other documentation?
5)Why do people maintain H1B status even after getting EAD. Only risk I understand is I-485 denial. But if everything is clean and clear with respect to I-485 why do candidate needs to keep maintaining H1-B visa.
6)What are the risks for EAD and AP renewal. Does the candidate need to prove anything related to job/salary etc any time for renewing EAD and AP each time till I get green card.

Eligibility for and the process of EB-3 to EB-2 Porting

Authored on: Wed, 01/06/2021 - 06:24

Question

Can you talk about this upgrade process from EB3 to EB2 for pending I-485? Does it need another I-485 application or just a letter to USCIS?

Answer

Watch the Video on this FAQ: Eligibility for and the process of EB-3 to EB-2 Porting

Video Transcript

You can always go up and you can always go down as long as your PERM was filed as an EB-2. If you filed your PRM as an EB-3 then you're not going to be able to upgrade to EB-2. But if your PERM was filed as an EB-2 you can downgrade I-140 EB-3. You can go back upgrade to EB-2 if you already have an EB-2 approval. You can file a downgrade second case as EB-3 with the same PERM. FAQ in detail...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Effect of immigration proclamation/executive order on green cards

Authored on: Tue, 05/05/2020 - 01:39

Question

I have a question regarding the impact of the recent Executive Order on my parents' greencard application, which is currently underway. I’m a US citizen (India-born, recvd greencard via EB category) and have sponsored the greencard application for my parents, who live in India, via consular processing. I-130 is approved, and we filed DS-260 and Form I-864 on 4/22 before EO was announced. Does the EO impact their case, or given it’s already in-progress (past I-130 approval), will it continue unaffected?

Answer

Watch the Video on this FAQ: Effect of immigration proclamation/

executive order on green cards


Video Transcript

First of all it does not apply to people who are already in the United States. It impacts, only to the extent that they will not get the immigrant visa stamp on the passport for the next 60 days. FAQ in detail.



Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Pros and Cons of Adjustment of Status and Consular Processing for Green Card

Authored on: Wed, 10/25/2017 - 03:34

Question

My H1B (6 years) was from 10/1/2004 - 9/30/2010 from 5 different companies.
Company A - PD(EB3) - Jun 19, 2007, I-140 applied on July 9, 2007, I-485 filed July 17, 2007 - got laid off Oct 31, 2008. - I-140 approved on Dec 29, 2008.
Moved to Canada in July 2012 and became Canadian Citizen in Apr 2017. I have been keeping Advance Parole active by visiting the USA every year.
Now I want to add my family in Canada(wife(Indian Citizen with USA visitors visa) and kid(Canadian Citizen)). Do you recommend AOS for myself and Consular Processing for my family?

Answer

Watch the Video on this FAQ: Pros and cons of adjustment of status and consular processing for green card

Video Transcript:

You have got your I-485 filed and that's a good thing and you kept it alive by keeping your advance parole alive, but you need a job offer and you need to file Supplement J. So if you want to take advantage of AC21 you have to move over to a new employer get a new job offer and use Supplement J to indicate to the USCIS that you are going through another employer. You have two choices. You can split the green card. You going through adjustment of status, you enter the USA with your Advance Parole and you file form I-824 for your family to go through green card processing through consular processing in Canada. So you can either bring them all in on an H-1/H-4 type visa or you can do your adjustment of status and let them do their consular processing.You should not convert yourself to consular processing that could probably end in the loss of a green card. You are taking advantage of AC21 which as far as I know is available only in adjustment of status. It is not available in consular processing. Hence adjustment of status for you and consular processing for your family makes sense. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

I-485 approved while outside the USA - travel on AP or GC

Authored on: Tue, 04/25/2017 - 08:20

Question

Pending I-485 petition (AOS), AP&EAD approved and valid until another 6 months. I-485 petitioner went to India, on approval of AP. While in India, I-485 approved on 29/3/2017 and Card received

Answer

Watch the Video on this FAQ: I-485 approved while outside the USA - travel on AP or GC

Video Transcript

This is a common situation where your I-485 is pending and you got your Advance Parole and you traveled outside the United States and while you were outside the United States your green card got approved and now you want to enter the USA. In a situation like this, you can enter the United States using your Advance Parole. You can also wait and get your green card delivered to you for e.g. by hand and then use that to enter the United States. But I am not sure if there is any law on that, but I know people do it. I don't think it's forbidden, but I would feel a whole lot more comfortable if people came back on their Advance Parole. More...

 

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

What if I never joined the employer who sponsored me for green card?

Authored on: Mon, 03/27/2017 - 23:59

Question

Working for the same company for 9+ years (7 yrs in the USA and since last 2 years in India Development Center for the same company). I received my GC in June 2016 and have got the physical cards delivered to me in India. Lost my father in Nov 2016. More than 9 months passed since GC - never traveled on GC so far or worked for the Sponsoring employer even for 1 day in the USA. I want to work and live in the US but for immediate time (next 1 to 2 years) I need to spend more time in India to console and support my grieving mother. My current company does not have any immediate work for me in the US. I am looking for options outside my company to come back to the USA. I am also considering an opportunity local in India.

Answer

Watch the Video on this FAQ: What if I never joined the employer who sponsored me for green card?



Video Transcript

I believe your circumstances are so unique I think what you could do is at least come to the United States as early as you can and take up that job even if it is for a few pay periods with the intention to stay in the United States as much as possible. You can also bring your mother on a tourist visa and keep extending that as well. At the very least you should come to the United States present yourself for work, whether you do it through an email or whatever method and if the company says they don't have a job right now at least you have some hook to the argument that you had presented yourself and they didn't have a job for you. I think you will be able to keep your green card safe eventually is my guess.

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Joining a company other than green card sponsor, staying abroad after green card and reentry permit

Authored on: Wed, 03/15/2017 - 09:22

Question

I am working for same company for more than 9 years out of which 2007 to Aug 2014 in the US and since Aug 2014 in India Development Center for the same company. I have visited the US frequently (4 times) between Aug 2014 to Sep 2015 and in India since then (through Advance Parole). I received my GC on 6/26/2016 and have got the physical cards delivered to me in India by a friend traveling from the USA. My father was sick for last one year and passed away on 15th Nov 2016. I have EAD card with validity till 12/10/17 (Not Valid for reentry to the US). My Advance Parole has expired on Dec 29, 2016. Also, 6 months timeframe for GC entry to the US has expired on 12/26/2016. <br>
I want to work and live in the US but for immediate time (next 1 to 2 years) I need to spend more time in India to console and support my grieving mother. My current company does not have any immediate work for me in the US. I am looking for options outside my company to come back to the USA.<br>
1. Can I directly join some other company in the USA using the same GC my company has filed for me? If yes, are there any legal formalities/paperwork involved to do that?<br>
2. I have already filed for Advance Parole twice between 2014 and 2016. Once I am in the USA, can I file for a Re-entry permit to get a leave for another 2 years outside the USA to support my mother while she is going through recent grief? <br>
3. How long does the process for Reentry permit application take? Do I need to stay in the US till the time application is approved or can I leave for India once application is filed and bio-metric is done?<br>
4. On a side note - I have no earnings in the US for the year 2016 but I must file the taxes as a GC holder (and also to maintain my ties with the US). Do you have references for any good CA who can help me with this?

Answer

Watch Video on this FAQ: Joining a company other than green card sponsor; staying abroad after green card - reentry permit

Video Transcript:

You have to take the green card job to make yourself safe. If you come to the USA and you take the green card job intending to work for this company in the USA on an indefinite basis and with the consent of the company you can apply for a reentry permit. A reentry permit is not a guarantee, but it is a formal declaration by you that says that you are going to live outside the USA for up to two years and not to take your green card away.

A1. I think it is a little risky.

A2. Not from outside USA. You will have to come into the USA.

A3. After you file for your biometrics, it takes about 6-8 weeks to get it done and then you can leave and the reentry permit can be picked up even at your lawyer's office or at any USA address that you have given or at the consulate in your home country.

A4. For green card holders, you can never file taxes as a non-resident. The best thing is because you are living in India we have some kind of a taxation relief treaty with India so that you don't have to pay taxes twice. More...

 
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Changing Employers With An Approved I-140 After January 17 2017

Authored on: Tue, 02/28/2017 - 02:18

Question

I have approved 140, Green card EAD/AP card in EB2 from company-A and passed more that 180 days. I have maintained H-1B status since last 9 years instead of using EAD/AP as the need to go India for marriage so my future wife gets H-4 easily. Just transferred my H-1B to company-B. Company-A will revoke my I-140 in March 2017 due to company policy. I have following questions to ask you.<br>
1. Shall I get H-1B extension (beyond 6 yr) in future with company-B after I-140 revoke from my previous employer?<br>
2. I have EAD/AP card from my previous employer. Is it required to start GC process like labor and I-140 application again with company-B if my previous employer revokes my I-140?

Answer

You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.

Under AC21, you do not have to start a new green card if:

1. Your I-140 is approved;

2. Your I-485 has been pending for 180 days or more;

3. You will take an employment same as or similar to your green card job; and

4. You file Supplement J.

Inter- Country adoption by Indian couple on EAD

Authored on: Wed, 10/28/2015 - 04:32

Question

I have been in the US for about 10 years with my wife and a daughter. All of us are Indian passport holder and got EAD/AP. Can you please let me know if we can adopt a child from India through Inter-Country adoption process?

Answer

If you are not a US citizen, you need to adopt the child and then to possess custody of the child for 2 years (as far as I remember). Then the child can come here on H-4 or a derivative green card. 

October 2015 Visa Bulletin Confusion FAQ's

Authored on: Thu, 10/08/2015 - 01:23

Question

FAQ's Updated on 21 September 2015

Answer

FAQ's Updated on 21 September 2015 

FAQ 1. I am on the H-1B visa and my spouse on F-1. When my Priority date is eligible is it ok to apply for I-485 for me and my wife given she is on F1 or she has to be on H4 before we can apply for i485? If it is ok to apply with her F1 status, are there any possibilities that she can have issues in the future if she wants to get back to H-4 with a ending I-485?

Answer: The law does NOT require that the spouse be on a derivative visa (like H-4 or L-2, if you are on H-1 or L-1) to file AOS through you. BUT, F-1 presents some potential issues that should be discussed with the school. 

FAQ 2. My sincere thanks for your service. I had one quick question. I am on consular processing currently outside USA. My priority date is July 2010. My application is with NVC (National Visa Center). Do I need to submit my paper work for EAD, will I be eligible EAD ?

Answer: You need to wait till NVC asks for papers, and no EAD, sorry.

 FAQ 3. Do you anticipate any date movement of the new date for I-485 eligibility for EB2 India? Also, are there any chances that this date will also retrogress?

Answer: I think dates are likely to move in both directions: retrogression as well as advancement.

FAQ 4. I filed for my 1-485 concurrently before I got married, now as per the new set of dates. In the October visa bulletin, I am eligible for filing Employment based visa application. Can I add my wife (who is currently on H4) to my application, after 1st Oct,15? Or do I need to wait for a notification before doing so?

Answer: Ideally, wait till receipt. You have all of October to file AOS.

FAQ  5. I have been waiting last 6 yrs and recently I booked h1b stamping interview at Hyderabad thinking that dates won’t move for next few years. My priority date is Jun 2010. If I start initiating process for EAD, AD, AP how long does it take? Not sure should I go for stamping or should i wait for few months. 

Asnwer: Your first priority must be to file and maintain the AOS. I would suggest you file AOS and plan your trip only AFTER you get AP.

 


 

  

 

FAQ's Updated on 14 September 2015 

FAQ 1. My PD is December 2010. Will file for I-485 next month. My wife is travelling to India on Sept 26. Is it OK to add her while she is travelling (technically she will be in India next month). If not, she will come back March 2016. Can I file for her later and file only mine next month? 

Answer: She has to be in the USA when 485 is received by USCIS.

FAQ 2. From the USCIS point it seems that this bulletin was the last action item on Obama executive order for Empl based immigration,please let us know what do you think?

Answer: I think there should be more. An explanation of promotion not being fatal to an employment-based green card, etc.

FAQ 3. My priority date is April 2013. I left the previous employer and he revocked my approved I-140 . I got copy of approved I-140 and revocation letter from USCIS . When my current company will file I -140 , will I able to retain my old priority date ?

Answer: No. The current thinking of the USCIS is that you will lose your PD. I am sorry. 

FAQ 4. My Priority date is Jan2011 (EB2) and it is current now and it is with company A. Now I have moved to company B and they are in the process of filing Perm. And my previous I-140 is not withdrawn by company A. So my question is can we apply for I-485 based on company A's I-140 approval without even involving company A and then after 180 days can we use AC21 and port to company B. At this point i cant leave job at Company B since it is Fulltime. Please advice.

Answer: You must not file I-485 without a genuine job offer from the I-140 sponsoring employer.

FAQ 5. My Priority date under EB2 is June 9, 2011 with my Old Employer and my I-140 was approved on March 7, 2012 and stayed with that company till Nov 2014 and in dec 2014 moved to a new company, Can I file for I-1485, EAD and AP on October 1, 2015 and my Old Employer is ready to give offer letter and here I see you have mentioned to Mr. Pavan that you can only apply AOS, does it mean Adjustment of Status which Includes filing of I-1485 along with EAD and AP or only I485 ? 

Answer: If you are entitled to file I-485, you are ALSO entitled to file AP and EAD.

FAQ 6. Perhaps a mute point - but promised myself I will have this clarified by you. My priority date is in May 2011 - but that PERM and I140 are from previous employer. Current employer hasn't filed PERM yet (it's a non-profit org and things move slow I guess). My spouse has her PERM and i140 (priority date in 2014) from her current employer.

1) Can I use my previous employers i140 to file i485?

2) Can my wife use my PD and file for i485? 

Answer: 1. Only if you have a genuine job offer letter from previous employer.

2. No. 

FAQ 7. Hi, my priority date is April'2011 in EB2 and based on recent employee based priority date for EAD, my date is become current. I am going to India on October 29th. I am planning to file 485 and then leave for vacation. Will that be a problem, kindly sugget.

Answer: Travel after filing I-485 is a problem only if you do not have a valid H-1 visa stamp.

FAQ 8. Can new employer re capture OLB priority date in case old employer revocked approved I 140 ? 

Answer: A revoked I-140 takes away the PD.

FAQ 9. There is I-140 EAD petition blog(regradless of any categories) is going on through out many website. Is it going to get approved this year that all approved I-140 folks are eligible for EAD? Do you have any insight on this? may be this could be scam? 

Answer: That was the original plan of Obama Admin: when you file 140 (or 140 is already approved), you can filed 485 without waiting for PD. But that plan has not been implemented so far. 

FAQ 10. What I understand from the news on the Visa Bulletin is that we (Indians) can only file for AOS under EB2 category if the PD is before 1st July 2011. But even if the PD is before 1st July 2011, the I-485 will ONLY be processed/approved until the Priority date becomes current (which is May 2005). Am I right? 

Answer: A green card will be approved only if a visa number is available. EVERYTHING you see in the visa bulletin is an estimate.




 

FAQ'S as of September 10, 2015 

FAQ 1. My husband has his priority date Dec 2012. As per the new changes in VB , which might have progressive dates every month, Any idea how long it might take to reach to Dec 2012 ? 

Answer: I am not sure if this will be repeated every month and how will the movement continue.

FAQ 2. I have been waiting last 6 yrs and recently I booked H-1B stamping interview at Hyderabad thinking that dates wont move for next few years. My priority date is Jun 2010. If I start initiating process for EAD, AP how long does it take? I am sure should I go for stamping or should I wait for few months.

Answer: Your first priority must be to file and maintain the AOS. I would suggest you file AOS and plan your trip only AFTER you get AP.

FAQ 3. I have prior approved valid I-140 with previous employers with Sep-2010 as PD and my current employer has applied LC and waiting for approval. Can I apply for EAD with the previous employer I-140.

Answer: You can only apply for AOS if the old employer, in good faith, can provide you an offer of employment.

 

 

 

 

Expedited Advanced Parole

Authored on: Sun, 11/11/2012 - 23:34

Question

An applicant whose Form I-131 is filed and currently pending at a USCIS Service Center may go to a local office to apply for an expedited Advance Parole in case of an emergency. Have there been any changes to the process in which the applicant presents a copy of the receipts for the I-131 (and the underlying applications), documentation proving the emergency, filing fee, and two photos?

Answer

There has been no change to this policy.  USCIS requires documentary evidence of the emergent situation, as well as supporting documentation indicating that the applicant has a pending application.

AOS interview next week, mother in India on AP

Authored on: Wed, 06/29/2011 - 01:24

Question

I am a US citizen, had applied for my parents GC in October 2009. Mom underwent fingerprinting three times here, but did not get her AOS done in time. End of last year my father (who got his EAD and AOS smoothly) had emergency heary bypass here, and then they had to leave back for India for more tests. Mom left on AP. Subsequently I wrote a letter to NBC, MO to ask them to expedite my mothers case. Yesterday I received a letter stating that she has go to Philadelphia USCIS office next week for "Completion of application to register for Perm residence." Mom is in India now.

Answer

You need to contact USCIS customer service for guidance. Definitely put something down in writing that you are requesting a rescheduling. Maybe asking your Congressman's assistance is the best way to go for rescheduling.

Advance Parole

Authored on: Tue, 12/07/2010 - 02:38

Question

Right now my wife and I am on advance parole, In 2005 what happened was, when my H-1 and my wife’s H-4 came to renew ,the attorney forgot to renew my wife’s H-4 so she was out of status for about two months later he filed it everything was alright.So my question is can she go to India with advance parole and come back, will there be any problem?

Answer

If her I-485 was pending, she would not be out of status.

With I-485 pending can I be an investor ?

Authored on: Thu, 09/16/2010 - 04:38

Question

My 485 is pending and I am on advance parole and EAD, my employment based GC priority date date was June 2006. I want to be an investor in my friends start up company. I wont be leaving my current job but only investing in it. Should that be an issue If I dont have my GC?

Answer

I see no problem with it, especially, if you are a passive investor who takes no action to manage or conduct the business of the entity invested in.