Doing business on AOS EAD and on H-4 EAD/extension
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Should I maintain my H-1B during I-485/AOS pendency?
Question details
I hold an H1B Visa, and it is time for an extension. At the same time, I applied for my I-485 a few years ago, and I recently renewed my EAD, which is valid for 5 years. My priority date is June 2013. At this time, I am a bit confused about whether to move on to EAD or if I should continue to extend my H1B. If, for any reason, my H1B extension goes wrong, will I still be able to use my EAD? Thank you always for your support.
FAQ Transcript
You should maintain your H-1B while your I-485 (AOS) is pending. If something goes wrong with your I-485, you could end up without legal status or work authorization, creating complications. Keeping your H-1B (or L-1) active provides a backup. While your spouse can use an EAD, losing their status is less risky than the primary applicant losing theirs.
USCIS Publishes Notice On Filing Procedures for Automatic Extension of Existing EADs for Liberians
[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Notices]
[Pages 17423-17427]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06519]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2534-13; DHS Docket No. USCIS-2011-0014]
RIN 1615-ZB21
Deferred Enforced Departure Extended for Liberians
USCIS Automatically Extends Validity of Employment Authorization Documents
Information on Poverty Guidelines
The poverty guidelines are a simplified version of the federal poverty thresholds used for administrative purposes — for instance, determining financial eligibility for certain federal programs. They are issued each year in the Federal Register by the Department of Health and Human Services (HHS). The poverty guidelines may be used as soon as they are published in the Federal Register each year — usually about mid-February — unless a program has chosen to make them effective at a later date.
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Recording for February 15, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQs: Blacklisted employer, F-1, H-1B, L-1 turned back at the airport || H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card || National Interest Waiver standards; AI list of critical and emerging technologies focus || OPT EAD errors and typos: Eligibility for resubmission or renewal strategy? || How to calculate time: H-1B grace period; H-4 COS; H-1B transfer delays
Recording for May 18, 2023 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQs: Removing spouse from green card processing || Multiple green card petitions simultaneously and exploring concurrent filing of EB-2 NIW || What are the consequences of H-1B or green card fraud or misinterpretation? How does it affect my departure, assets and financial matters? || Transitioning from H-1B to I-485 GC EAD: maintaining status and re-employment considerations
Recording for June 29, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: EB-1C (International Managers and Executives): Eligibility for H-1B managers in the USA
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?
Laid off on I-485 AOS AC21
Recording for April 06, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Immigration Law
Discussion Topics:
Department Of Health And Human Services Updates Poverty Guidelines
[Federal Register Volume 77, Number 17 (Thursday, January 26, 2012)]
[Notices]
[Pages 4034-4035]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1603]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
Annual Update of the HHS Poverty Guidelines
AGENCY: Department of Health and Human Services.
ACTION: Notice.
Interview at Fairfax
I had my interview at 1:30 at Fairfax VA. Had printed my family picture at 12:50 on the way to interview it was heavy rain and reached there nick of time. We were called by an African American lady after 5 minutes after giving our oath she asked our ID and then got sign the waiver as our attorney was not with us. she asked question from my I-485 and she was very polite and calm everything was going smooth then she turn to my husband and ask about my date of birth which he forgot for few second and the then told her.
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2013 Poverty Guidelines
[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Notices]
[Pages 5182-5183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01422]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
Annual Update of the HHS Poverty Guidelines
Annual Update of the HHS Poverty Guidelines
[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Notices]
[Pages 5182-5183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01422]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
Annual Update of the HHS Poverty Guidelines
AGENCY: Department of Health and Human Services.
ACTION: Notice.
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Guestbook Entry for SharathMaheswaraiaha, United States
Name
SharathMaheswaraiaha
Country
United States
State
CA
Recording for February 20, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs:
1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?
2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
3. NIW I-485 rejected: Refiling options and priority date usage?
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.
Recording for June 12, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
Citizenship and Naturalization
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?
Immigrant Entrepreneurs Doing Business in the USA (Video Discussion)
Please visit my LinkedIn article posted this morning for a detailed video discussion on this issue with Santosh ji, a member of our immigrant community:
https://www.linkedin.com/today/post/...ails-rr-rmpost
HHS 2014 Poverty Guidelines
This notice provides an update of the Department of Health and Human Services (HHS) poverty guidelines to account for last calendar year's increase in prices as measured by the Consumer Price Index.
2014 HHS Poverty Guidelines for Affidavit of Support
These poverty guidelines (as attached) remain in effect for use with Form I-864, Affidavit of Support, from March 1, 2014 until new guidelines go into effect in 2015.
Please check the attachment for the guidelines.
Guestbook Entry for Vishal K, United States
Name
Vishal K
Country
United States
State
Maryland
USCIS Notice of Filing Procedures for Employment Authorization and Automatic Extension of Existing EAD for Liberians Eligible for DED
USCIS Federal Register Notice of Filing Procedures for Employment Authorization and Automatic Extension of Existing EAD for Liberians Eligible for DED.