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Immigration
Adjustment of Status - I-485
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Just useful info for most applicants n if your iffy about travel on advance parole
A lot of people had asked me for advice
Now I ain't no genius nor nothing but they all told me thanks
The exact dates I told them to check the mail they had received
What they asked me about
I share my knowledge based on my very own experience
I don't speak in what I don't know about
And to all of you
Your welcome
Respect to all Jamaicans in this forum
When you file the I-485 application, you are also eligible to file for an employment authorization document (EAD) and for travel authorization (referred to as advance parole or AP). You file for the EAD using Form I-765, and for AP using Form I-131.
Once USCIS issues your EAD, you are authorized to work for any employer in the U.S. without the employer having to file an H-1B or other employment-based petition on your behalf. Additionally, once USCIS issues your AP, you can travel outside the U.S. and reenter the U.S. using the AP instead of having to obtain a visa at a U.S. consulate abroad (and without your green card application being cancelled based on your departure).
Another benefit of filing concurrently is that once your I-485 is pending, USCIS considers you to be “in status.” So even if you let your nonimmigrant status expire, you are still considered to be maintaining lawful status in the U.S. and you will not accrue unlawful presence while you wait for USCIS to approve your I-485 application.
For example, let’s say you are in H-1B status. Your H-1B status expires on March 1, 2016. Your priority date is current, so you file the I-140 and I-485 applications concurrently on February 1, 2016. You do not extend your H-1B status. After March 1, 2016, you will still be considered “in status” notwithstanding the H-1B expiration, and if you applied for and EAD and AP, you will be able to continue working for your H-1B employer and be able to travel outside the U.S. even though your H-1B visa expired.
Please note that merely filing the I-485 does NOT automatically give you an EAD or AP. You must file for the required forms either with or after the I-485 (and preferably with, to avoid paying separate fees for them).
Now I ain't no genius nor nothing but they all told me thanks
The exact dates I told them to check the mail they had received
What they asked me about
I share my knowledge based on my very own experience
I don't speak in what I don't know about
And to all of you
Your welcome
Respect to all Jamaicans in this forum
When you file the I-485 application, you are also eligible to file for an employment authorization document (EAD) and for travel authorization (referred to as advance parole or AP). You file for the EAD using Form I-765, and for AP using Form I-131.
Once USCIS issues your EAD, you are authorized to work for any employer in the U.S. without the employer having to file an H-1B or other employment-based petition on your behalf. Additionally, once USCIS issues your AP, you can travel outside the U.S. and reenter the U.S. using the AP instead of having to obtain a visa at a U.S. consulate abroad (and without your green card application being cancelled based on your departure).
Another benefit of filing concurrently is that once your I-485 is pending, USCIS considers you to be “in status.” So even if you let your nonimmigrant status expire, you are still considered to be maintaining lawful status in the U.S. and you will not accrue unlawful presence while you wait for USCIS to approve your I-485 application.
For example, let’s say you are in H-1B status. Your H-1B status expires on March 1, 2016. Your priority date is current, so you file the I-140 and I-485 applications concurrently on February 1, 2016. You do not extend your H-1B status. After March 1, 2016, you will still be considered “in status” notwithstanding the H-1B expiration, and if you applied for and EAD and AP, you will be able to continue working for your H-1B employer and be able to travel outside the U.S. even though your H-1B visa expired.
Please note that merely filing the I-485 does NOT automatically give you an EAD or AP. You must file for the required forms either with or after the I-485 (and preferably with, to avoid paying separate fees for them).
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