asfenintelligence.blogg.se - H4 ead processing time

Entry with Advance Parole documents also means that you could be placed into secondary inspection when you arrive at the airport.

For more details, please see this memo: Michael Cronin Memo Also, Advance Parole entrants may not be eligible for change of status to a new visa classification. An admission is required to trigger the 180 days of adjustment of status “protection” that Sec.245K offers. This is because for Sec.245K purposes, entry with Advance Parole is not an “admission”, but entry in H-1B status is an admission. Entry with AP does not trigger this protection.

Another advantage of re-entering with H-1B status is that it will trigger Sec 245K protection, which essentially forgives you for previous status violations.

If the adjustment application is denied, based on an earlier status violation or another eligibility ground, the EAD and AP will be automatically terminated, and you will need to leave the US.

An advantage of re-entering with H-1B status is that you will retain a lawful visa status in the event that your adjustment of status (permanent residence) application is denied.

Note that not all officers understand that individuals can travel on AP and still remain work authorized pursuant to underlying H-1B status.

When questioned, they may either present their EADs or H-1B documents. AP travelers may be questioned about the basis for their work authorization.Many adjustment of status applicants without a visa status report difficulty procuring certain benefits, such as getting a driver’s license. Your dependents will also be unable to be admitted in H-4 nonimmigrant status. on AP, you will technically no longer be in H-1B status. You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary.You do not have to apply for a new H-1B visa stamp, which is a convenient way to avoid the time-consuming visa process at a U.S.However, there are several benefits and disadvantages to consider before utilizing Advance Parole. while your Adjustment of Status Application is pending, instead of re-entering on your H-1B visa. Currently, if you have an approved, valid Advance Parole travel document, you may use it to re-enter the U.S. We are still waiting for USCIS to issue a final rule to clarify this issue. USING MY ADVANCE PAROLE (AP) TRAVEL DOCUMENT WHILE MY ADJUSTMENT OF STATUS APPLICATION IS PENDING? WILL I LOSE MY H-1B STATUS IF I RE-ENTER THE U.S. This article examines the practicality of maintaining H-1B status versus using separate work/travel authorization. Many H-1B visa holders apply for adjustment of status but face a significant waiting period before they receive their green cards.