PDA

View Full Version : What is your status called when on EAD?


svn
05-10-2010, 05:39 PM
Does anyone know what is the official term for your legal status if you are on EAD and no longer on H-1? I am trying to fill up an online form for opening an IRA and it asks whether I am
a) Citizen of US or Permanent Resident or
b) Citizen of Another Country and specifically, under what status (but only lists B, H, etc as valid visas - there is not EAD visa category!)

Of course, I am not a Permanent Resident yet but I don't believe I qualify under H visa anymore either since my H1 is not valid any longer.

Thanks for you help.

FinalGC
05-10-2010, 05:50 PM
I do not think USCIS declares that as a status, since u r in "LIMBO" status when in EAD or doing adjustment of your status, from previous to current.

If something negative happens to your case...you immediately become illegal status......So this is why all lawyers recommend to keep your h1 status valid, when you file your 485. Getting into EAD is a risk, which some bold take and survive, others like me who try to play safe....stay on H1 until the 485 is approved.

svn
05-10-2010, 06:02 PM
So this is why all lawyers recommend to keep your h1 status valid, when you file your 485. Getting into EAD is a risk, which some bold take and survive, others like me who try to play safe....stay on H1 until the 485 is approved.

That would have been my preference as well - unfortunately I did not have a choice since my company had a RIF and I am now looking for work! Any help on what the status is called (other than jobless!) would be appreciated

Eternal_Hope
05-10-2010, 06:07 PM
If under the bullet point (b) you have an option to choose "other" then choose that.

EAD is not a status; pending I-485 allows you to be "legally present" in the country without having a "legal status". Similarly, AP allows you to travel out of the country and reutrn without abandoning your pending I-485 application. (At least that's what my understanding is .....)

All the best..... hope things work out well with your application .............

svn
05-10-2010, 06:34 PM
Thanks for your reply Eternal_hope! Unfortunately, "Other" is not an option listed. At this stage, I am not really counting on things working out here - have already started making plans to R2I (which is why I am looking to open a IRA account that can be managed online). It's been a long wait and quite frankly, I am tired of living in a constant state of uncertainty, even though I will definitely miss certain aspects of life in USA having been here for almost twelve years now...

desi3933
05-10-2010, 07:12 PM
Does anyone know what is the official term for your legal status if you are on EAD and no longer on H-1? .......

....

Thanks for you help.

Assuming that you have I-485 application pending, the status is applicant to adjust status.

If you have EAD due to L2 visa status, then your status is, of course, L2 status.



_________________
Not a legal advice.

svn
05-10-2010, 08:00 PM
Thanks desi - AOS is what I was thinking as well but that doesn't seem to be one of the options listed when opening an account (the firm is Ameritrade - you check out their website https://wwwna.tdameritrade.com/cgi-bin/apps/IraApServlet). Guess they are just not aware of this status since it wasn't really designed to be a "status" and only recently have several people moved to AOS status given the backup for EB3 and EB2 China/ India

desi3933
05-11-2010, 06:53 AM
Thanks desi - AOS is what I was thinking as well but that doesn't seem to be one of the options listed when opening an account (the firm is Ameritrade - you check out their website https://wwwna.tdameritrade.com/cgi-bin/apps/IraApServlet). Guess they are just not aware of this status since it wasn't really designed to be a "status" and only recently have several people moved to AOS status given the backup for EB3 and EB2 China/ India

AOS is not a visa status. So, for https://wwwna.tdameritrade.com/cgi-bin/apps/IraApServlet one should select None for the visa status as the person is not maintaining any non-immigrant visa status.

AOS is period of authorized stay while I-485 application is pending.


_________________
Not a legal advice.

kanshul
05-11-2010, 08:21 AM
You have the wrong link..

rb_248
05-11-2010, 09:43 AM
Thanks desi - AOS is what I was thinking as well but that doesn't seem to be one of the options listed when opening an account (the firm is Ameritrade - you check out their website https://wwwna.tdameritrade.com/cgi-bin/apps/IraApServlet). Guess they are just not aware of this status since it wasn't really designed to be a "status" and only recently have several people moved to AOS status given the backup for EB3 and EB2 China/ India

When I was on EAD, I called my status as "ADJUSTEE". That is not a valid status either. If you are applying for a brokerage account, you may call them to find out. But, they may ask you to fill other foreign national forms and all. I had the same problem when I was trying to open a brokerage account with TD. So, I went with Zecco.

svn
05-13-2010, 08:28 AM
Thanks desi and rb_248. I actually remembered that my H1 had been extended (even though I never got it stamped in the passport) - so I went with H visa status on the application form

jaithran
05-13-2010, 09:21 AM
In Bank and other Government agencies they officially refer as I-485 Resident. In bank while approving a loan, one of the valid statuses is I-485 Resident.