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gcseeker2002
08-18-2009, 12:24 AM
Can anyone please suggest if it is ok to work on a Travelling job in Canada when 485 is pending and I am on EAD/AP, by having a canada work visa. The Canadian company pays on 1099 so I have a US employer with who I would work on EAD and who would pay me , and I would need to travel weekly and enter on AP every week.

gcseeker2002
08-20-2009, 12:04 AM
Can anyone please reply.

Pagal
08-20-2009, 10:00 AM
Hello,

Technically, if you are not working on H1-B (and using EAD for working and AP for travel), then there should not be any legal problem. Your GC was filed for a future job and hence, once it is approved, you need to be in US at location where your labour certification indicated your job exists. Till then, you should carry a letter from your employer indicating that such a job exists for you when your GC is approved.

The PoE officers is a different story as they may look beyond your legal status and ask questions as to why you want to enter US before your GC is approved. For such cases, do maintain simple and practical answers and documentation, e.g. have family in US as a reason and utility bills/tax return main form as documentation. Ask your supervisor if it is ok to call him/her from PoE for verification and do tell the supervisor background as well as what PoE officer needs from your supervisor.

Of course, do consult a qualified lawyer on the details...all the best! :)

IfYouSeekAmy
08-20-2009, 10:38 AM
Only problem is that the AP is meant for emergency travel, not for day to day commute. So you might face issues there.

Hello,

Technically, if you are not working on H1-B (and using EAD for working and AP for travel), then there should not be any legal problem. Your GC was filed for a future job and hence, once it is approved, you need to be in US at location where your labour certification indicated your job exists. Till then, you should carry a letter from your employer indicating that such a job exists for you when your GC is approved.

The PoE officers is a different story as they may look beyond your legal status and ask questions as to why you want to enter US before your GC is approved. For such cases, do maintain simple and practical answers and documentation, e.g. have family in US as a reason and utility bills/tax return main form as documentation. Ask your supervisor if it is ok to call him/her from PoE for verification and do tell the supervisor background as well as what PoE officer needs from your supervisor.

Of course, do consult a qualified lawyer on the details...all the best! :)

Pagal
08-20-2009, 11:18 AM
Hello IfYouSeekAmy (nice handle!),

Well, I couldn't find any USCIS/DHS document indicating that AP needs to be used only for emergency purposes....can you point me to any such link? 'Cause if it is only for emergency travel, it would be good to know here on the forum than at PoE! :P