Raleigh, NC asked in Immigration Law for North Carolina

Q: Should I apply for EAD/Advance Parole with I485?

MY PD became current in October Visa bulletin. I am planning to apply for I485.

I have h1 visa valid till Dec 12, 2020, but h1 petition is valid till 2023. I will go for visa stamping as I will be continuing my work in H1 until I get GC. Will applying i485 will impact my H1 stamping?

Also, do I need to apply EAD and Advance parole with i485. I am not planning to use Advance parole and EAD. Can I apply them later if required? What is the benefit of applying them if I am not planning to use them

Thanks a lot.

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1 Lawyer Answer
Adan Vega
Adan Vega
  • Immigration Law Lawyer
  • Houston, TX

A: The H-1B visa is a “dual intent” visa that allows you to express an intent to immigrate without jeopardizing the issuance of the non- immigrant H-1B visa.

As to the EAD and the advance parole document, you can request those documents from USCIS at the time you apply for adjustment of status to avoid paying additional filing fees in the future. Whether you should use the documents after issuance by USCIS is a matter that you should discuss with your immigration attorney.

Good luck to you.

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