Advance Parole

Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.

Guestbook Entry for Vishal K, United States

Name
Vishal K
Country
United States
State
Maryland
Comment

I have worked with Mr. Khanna's law firm over the past 4 years for my Green Card process and the experience has been extremely satisfying ! Everyone that has to go through immigration process knows how stressful the whole situation can be and you need to have a lawyer by your side who puts you at complete ease. Mr. Khanna and his team is very friendly, professional, knowledgeable and outstanding in their service. I appreciate their invaluable advice/legal counsel and their promptness in every matter. The whole team is meticulous, very responsive and it's comforting to know that you have such a great lawyer by your side. I'm glad that I made the right decision in switching to Mr. Khanna's law firm and I strongly recommend them to anyone that needs immigration counsel !

Laid off on EAD from EB1A, can I start an UNRELATED teaching business? Can I travel on Advance Parole?

Question details

I have an EAD from an approved EB1A petition (priority date: Apr 2022). I recently got laid off and am thinking of starting a business ( related to K-12 education.) MY EAD is based on an advanced degree in Operations research with publications and related work experience in data science. Is there a risk to justify 'teaching' or running a tutoring business based on this EAD? If so, can you keep looking for related jobs and teach on the side without incorporating this as a business in the interim? On an unrelated note, in your opinion, what is the risk of traveling out of the country in this situation? (I have an advance parole in hand as well.)
 

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FAQ Transcript

If you have an EB-1A-based EAD and a pending I-485, starting an unrelated business (such as teaching) is risky. Your EB-1A petition asserts that you intend to work in your field of extraordinary ability. Shifting to an unrelated field could raise questions about your original intent and impact your green card application.

Additionally, traveling on Advance Parole in this situation may pose some risks. It’s advisable to either have a job offer or a clear plan to work in your field (such as consulting with clients) before traveling. Proceed with caution.
 

Staying in and Working from Home Country with Long-Pending I-485

Question details

My I-485 is pending, and my PD is from October 2014. So, it will take a while for my case to be adjudicated. I have an EAD and AP that are valid for five years.

1. Can I go back to India through the same employer, work for 2 to 3 years, and return when my case is current?

2. Can I convert my case to consular processing and go back to India, but can the derivative continue working in the USA until my case is adjudicated?

 

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FAQ Transcript

 You can stay in India for an extended period while your Form I-485 is pending, especially if you have a valid Advance Parole document and Employment Authorization Document (EAD) for five years. However, maintaining continuity in your job is crucial. If you're still working remotely for the same employer or a different one under the same or similar job, there shouldn't be significant issues.

Quitting your job may raise questions about your green card eligibility. However, if you obtain a job offer from another company, filing a supplement J to demonstrate job continuity is advisable. This ensures that you can re-enter the US smoothly using your Advance Parole upon green card approval.

You can return to India to work for the same employer for multiple years and then come back to the US. You can also convert your case to consular processing if needed, provided there's continuity in your job. As long as your Advance Parole is valid, there shouldn't be any significant impact on your pending Form I-485 until your priority dates become current.

 

Recording for February 15, 2024 Conference Call with Rajiv S. Khanna

FAQs: Blacklisted employer, F-1, H-1B, L-1 turned back at the airport || H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card || National Interest Waiver standards; AI list of critical and emerging technologies focus || OPT EAD errors and typos: Eligibility for resubmission or renewal strategy? || How to calculate time: H-1B grace period; H-4 COS; H-1B transfer delays

Laid off on I-485 AOS AC21

Nonimmigrant Visas

Immigration Law

AC21, Adjustment of Status laid off related questions, including the following and more:

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Question: When applying for new jobs, do I need to ask for a new H-1B, or can I work using my current EAD and change employer?

Answer:  You can go ahead and join with the EAD but keep the future plan of reactivating your H-1B. 

Question: Like H-1B after termination, is there a 60-day rule? Does that rule apply to me also, even though I have an EAD?