It's touch and go whether our greencards will be through before our visas expire in December, so we've asked the lawyer to start the renewal process. She claims it will be less hassle all round to simply get EADs. This sounds very dodgy to me, given the lengths the INS go to to specify an EAD is not a visa and to separate permission to live from permission to work.
Had anyone ever used this route/come across it before?
From what I understand, Monster, there is something that can be done in place of renewel when a greencard is pending but I can't remember what it is. I didn't think it was EAD's though, because in order to get an EAD your visa has to be valid and an EAD is only issued upto your visa expiry date, isn't it?
If you've filed an I-140 and I-485, it's OK to be without a visa indefinitely. The EAD would be necessary for anyone who works during the limbo time, and a useful photo ID verifying your legal status even if you don't work.
If you want to leave the country, you would need to get Advance Parole first.
On 2003-06-17 08:16, Ameriscot wrote:
If you've filed an I-140 and I-485, it's OK to be without a visa indefinitely.
Thanks -this is what worries me -the idea of being here without a visa, when there's no hard and fast date for when we will get our cards. My current EAD is stamped "not for use for re-entry to the US" or something like that. With no valid visa, is "advanced parole" sufficient to get you back in?
It is, but by the time you have paid the fees for advanced parole for you and your brood, it may end up being a wash between that and the costs for the L1/L2 extension.
If the company is paying go for the visa's
You would have to check that applying for an L1 visa extension doesn't cause you to abandon your AOS application. Going the EAD/AP route is the "proper" one for the circumstances.
You can file an L1a/b Extension and an EB1 Petition/AOS at the same time.
My lawyer is!! smile
Richie
The AOS were filed yonks ago. Our lawyer says that we can apply for advanced parole at the same time as the EADs without specifying dates of travel etc, so we will still be able to leave the country at the drop of a hat and get back in, so we are going to do that (assuming she's right).
Thanks all.