Guestbook Entry for Vishal K, United States
Name
Vishal K
Country
United States
State
Maryland
Advance Parole
Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.
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Immigration.com
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Nonimmigrant Visas
Immigration Law
Green Card
FAQs: Is it legal to take "Paid Time Off" after the end date of EAD as payment for work done earlier?
Laid off on EAD from EB1A, can I start an UNRELATED teaching business? Can I travel on Advance Parole?
Question details
I have an EAD from an approved EB1A petition (priority date: Apr 2022). I recently got laid off and am thinking of starting a business ( related to K-12 education.) MY EAD is based on an advanced degree in Operations research with publications and related work experience in data science. Is there a risk to justify 'teaching' or running a tutoring business based on this EAD? If so, can you keep looking for related jobs and teach on the side without incorporating this as a business in the interim? On an unrelated note, in your opinion, what is the risk of traveling out of the country in this situation? (I have an advance parole in hand as well.)
FAQ Transcript
If you have an EB-1A-based EAD and a pending I-485, starting an unrelated business (such as teaching) is risky. Your EB-1A petition asserts that you intend to work in your field of extraordinary ability. Shifting to an unrelated field could raise questions about your original intent and impact your green card application.
Additionally, traveling on Advance Parole in this situation may pose some risks. It’s advisable to either have a job offer or a clear plan to work in your field (such as consulting with clients) before traveling. Proceed with caution.
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Nonimmigrant Visas
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Topics Discussed:
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Green Card
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Recording for June 15, 2023 Conference Call with Rajiv S. Khanna
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Citizenship and Naturalization
Discussion Topics:
Laid off on I-485 AOS AC21
Laid off on I-485 AOS AC21
Nonimmigrant Visas
Green Card
AC21, Adjustment of Status laid off related questions, including the following and more:
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Question: When applying for new jobs, do I need to ask for a new H-1B, or can I work using my current EAD and change employer?
Answer: You can go ahead and join with the EAD but keep the future plan of reactivating your H-1B.
Question: Like H-1B after termination, is there a 60-day rule? Does that rule apply to me also, even though I have an EAD?