Immigration Voice - Forums - Legacy
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > Work/Travel options after 485 : H1 Versus EAD/AP
Click to log in with Facebook
Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

Reply
 
Thread Tools Display Modes
  #1  
Old 08-18-2009, 12:24 AM
gcseeker2002 gcseeker2002 is offline
Senior Member
Priority Date
:
Mar-04
Category
:
EB3
I140 Mailed Date
:
02/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Mar 2006
Posts: 342
gcseeker2002 has a spectacular aura about gcseeker2002 has a spectacular aura about gcseeker2002 has a spectacular aura about
Default Travelling job in Canada on EAD

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.
Bookmark and Share Compare Reply With Quote


  #2  
Old 08-20-2009, 12:04 AM
gcseeker2002 gcseeker2002 is offline
Senior Member
Priority Date
:
Mar-04
Category
:
EB3
I140 Mailed Date
:
02/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Mar 2006
Posts: 342
gcseeker2002 has a spectacular aura about gcseeker2002 has a spectacular aura about gcseeker2002 has a spectacular aura about
Default

Can anyone please reply.
Bookmark and Share Compare Reply With Quote


  #3  
Old 08-20-2009, 10:00 AM
Pagal Pagal is offline
Donor
Priority Date
:
Feb-05
Category
:
EB2
I140 Mailed Date
:
04/23/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Jul 2008
Posts: 200
Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute
Default

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!
Bookmark and Share Compare Reply With Quote


  #4  
Old 08-20-2009, 10:38 AM
IfYouSeekAmy IfYouSeekAmy is offline
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Apr 2009
Posts: 48
IfYouSeekAmy is a jewel in the rough IfYouSeekAmy is a jewel in the rough IfYouSeekAmy is a jewel in the rough IfYouSeekAmy is a jewel in the rough
Default

Only problem is that the AP is meant for emergency travel, not for day to day commute. So you might face issues there.

Quote:
Originally Posted by Pagal View Post
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!
Bookmark and Share Compare Reply With Quote


  #5  
Old 08-20-2009, 11:18 AM
Pagal Pagal is offline
Donor
Priority Date
:
Feb-05
Category
:
EB2
I140 Mailed Date
:
04/23/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Jul 2008
Posts: 200
Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute
Default

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
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Travelling to Canada plakshmi Travel out of country and re-entry during/after 485 filing 1 08-06-2009 12:55 PM
Travelling to Niagara falls (Canada) vactorboy29 Travel out of country and re-entry during/after 485 filing 4 06-30-2008 01:49 PM
Travelling to Canada: Need some advice marty Travel out of country and re-entry during/after 485 filing 49 05-29-2008 08:59 PM
Travelling to Canada on PR for H1B stamping agr Non-Immigrant Visas 3 03-20-2008 07:11 PM
Travelling Canada ddeka All other Green Card Issues 1 03-06-2008 03:30 PM



All times are GMT -4. The time now is 12:19 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.3.0 (Unregistered)
(c)ImmigrationVoice.org