what happens to i 485 family based when i convert from h1b to ead

Background

• The U.Southward. Congress allows only a limited number of employment-based green cards to be distributed per yr and per land
• It is based on the country of birth, simply not the country of citizenship
• Hence, for more than populous countries such equally India and People's republic of china, there isn't enough green carte du jour available
• When the number of applicants exceeds the number of green menu availability, it gets "backlogged"
• Hence, in order to decide who gets a light-green bill of fare at what time, foreign nationals seeking employment-based dark-green cards are assigned priority dates
• The priority date is based on the date their employer starting time filed the PERM awarding or I-40 petition
• They can file for aligning of condition when the priority date is current
• Priority tin exist found in Visa Bulletin, published monthly past the Section of State

What Are the Boosted Benefits of Filing I-485?

• When you file the I-485 awarding, the U.Southward. law grants you lawful condition every bit an adjustment applicant
• Withal, simply applying for your green card does NOT give you lot piece of work or travel authorizations
• There are two means that yous can obtain these authorizations
• Y'all tin can go on on extending your H1B or H4 status
• This process is unaffected by your green card application
• You can besides file for work authorization by filing Form I-765, often referred to every bit employment authorization document or EAD, and travel authorization or Grade I-131 referred to as Advance Parole or AP
• These documents will allow you to piece of work in and travel outside of the U.S. while your I-485 is pending.

Each Approach has Pros and Cons, nosotros will also discuss a few Important distinctions between "Obtaining" and "Using" EAD and AP documents

A. Is there a Difference Betwixt Obtaining an EAD and Using it?

• Getting an EAD and using an EAD are two slightly different things
• If you utilize your EAD, you have to sign an I-9 form and marking the employment eligibility equally EAD than H1-B or L1-B
• Y'all can modify your status from your H1-B status to EAD by contacting your HR department

B. What is the Divergence Between Obtaining an AP and Using an AP?

• Similarly, getting accelerate parole (AP) and using an AP are two entirely dissimilar things
• Using an AP means leaving the U.s. and then using your AP to enter the U.S. as a parolee instead of the visa to enter U.South.
• An advanced parolee cannot piece of work in the USA without an EAD
• Hence AP is basically an additional certificate for y'all enter the Usa

Volition My Immigration Condition Change?

• Receiving an EAD/AP will not alter your nonimmigrant status
• You should pay special attention to remain in status, and not accumulate unlawful presence
• If you are in the U.S. without whatsoever condition, you lot are considered to exist hither illegally, and U.S. Citizenship and Immigration Services (USCIS) may deny your green bill of fare application for that reason alone
• Equally long as a person maintains an H1-B or L1 condition (H/50 condition not expired, H1/L1 holders working just for their sponsoring employer(s), and H4/L2 holders not working on EAD, he/she can travel outside the U.Due south. and come back without the demand for AP
• Please notation H4-EAD is not comparable to this EAD in this context, it is tied to your H4 condition and not direct related to I-485

Pros and Cons of Using your AP and EAD

Positive Side of AP and EAD

• There is no harm in applying for an AP and EAD
• Information technology allows the H4 spouse to work for whatever visitor
• The principal H1-B bidder can take up another part-time task or side business without the need to file for a concurrent H1-B
• Some H-1B professionals use an EAD (and terminate H-1B) on purpose to save H-1B fourth dimension, so if something happens with the electric current employer they are able to pick up the remaining period of the six-yr H-1B limit through another H-1B approval with the new employer
• Even if the I-485 applicant is non planning to change employment as per the AC-21 rule, have another part-time employment, or have a spouse on H4 that would like to work, information technology is appropriate to utilize for an EAD and AP for contingency situations

The Downside of Using your EAD and AP

• If you opt for EAD/AP status, a spouse (and children, if whatsoever) acquired afterwards using your AP may not bring together on H4, and cannot resume H4 status if your I-485 is denied
• Applicants maintaining H1-B status can travel immediately later filing the I-485, provided they have a valid H/50 visa in their passport, or they can obtain a new one
• Accelerate parole applications have at to the lowest degree 3 months, during which you can't travel if you are not in current H1-B, L1, or H4 condition
• H-1B/L1 workers who file a timely application for an extension of stay may keep employment for 240 days while the U.S. Citizenship and Immigration Services (USCIS) adjudicates the petition
• However, you are not allowed to piece of work on an expired EAD while your renewal EAD application is pending, information technology is 180 days according to the new rule
• Yous have to apply for EAD every yr

Frequently Asked Questions Well-nigh "Using" EAD

1. If I apply for a Social Security number (SSN), is that considered using an EAD?

No.

two. If I open a bank account using my SSN, is that considered using an EAD?

No.

3. What exactly is considered using an EAD?

When you are employed and take submitted a copy of your EAD for filing I-9 equally a office of the requirements.

4. If the primary applicant starts working using an EAD, can the dependent spouse still maintain H4 status?

No. Because the H4 status is dependent upon the primary applicant maintaining H4 status, the dependent spouse would no longer have an H4 status if the main applicant does not have H1-B status.

5. What if the spouse who used the EAD does not desire to piece of work anymore, but desire to regain H4 condition?

• The dependent does not automatically regain h4 status.
• Every bit long as the chief bidder is still maintaining valid H1 visa status, the spouse/dependent could go out of the U.Due south. and enter again on a valid H4 visa to regain H4 condition.

Information technology is great to take both H1-B, L1, or H4, and I-485 if possible. Information technology is a great contingency, if there is a sudden job loss or the possibility of being out of status, immediate availability of an EAD and AP would definitely help you avoid whatsoever violations.

If you have questions about the adjustment of status  or have questions about the Green Card process in general, y'all can schedule a consultation with us:

Schedule a call at 469-994-9407   or contact u.s.a. using the form .

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Source: https://ustunlawgroup.com/pros-and-cons-of-maintaining-a-h1-b-while-you-have-filed-for-an-adjustment-of-status/

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