Employment Authorization Document | SEONewsWire.net

USCIS Extends TPS for Nepal

admin — Sun, 30 Oct 2016 04:03:46 +0000

On October 26, 2016, USCIS announced an extension of designation of Nepal for Temporary Protected Status, or TPS, in the United States for an additional 18 month period, effective from December 25, 2016, through June 24, 2018. According to USCIS, the extension permits Nepalese citizens to extend TPS status and employment authorization for this additional period based on the continuing environmental disaster caused by conditions arsing out of the devastating earthquake which hit Nepal in April, 2015.

Nepalese citizens seeking to register for this extension of TPS must do so within the 60 day window between October 26, 2016 and December 27, 2016. Nepalese TPS applicants will receive a new Employment Authorization Document (“EAD”) with a June 24, 2018 expiration date. USCIS acknowledges that some applicants will not receive their new EAD before their current EAD will expire on December 24, 2016, and for that reason, the announcement of the TPS extension designation also automatically extends existing EADs through June 24, 2017. Employers are cautioned to comply with USCIS instructions in re-verifying automatically extended EADs.

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H-4 Work Permit

admin — Mon, 18 May 2015 20:34:35 +0000

Who can get the work permit?

Spouses of H-1B. The H-1B individual needs to have: (1) and Approved I-140 and (2) Maintain his or her H-1B status.

The H-4 person needs to also maintain his or her H-4 status

So this is not spouses for recent arrivals who just has H-1B and has not started the Green Card (Permanent Resident Card) process yet. Note L-2 can apply for work permit immediately upon entry into the US.

When can the H-4 apply ?

Starting from May 26, 2015. Citizenship and Immigration Service will reject applications filed before this date.

Is this a sure thing?

This is under the Executive Action which is being currently challenged in Court. So this is not 100% sure. To date Citizenship and Immigration Service has not released any new forms or regulations

Documents: These would probably be the necessary documents
1. Copy of marriage certificate (with English translation)
2. Copy of children’s birth certificate, if any
3. Copy of H-4 approval and/or Visa page
4. Copy of H-1B spouse’s H-1B approval
5. Copy of H-1B spouses I-140 approval
6. Three Recent paystubs of H-1B spouse
7. Two passport size pictures of H-4 Employment Authorization Document applicant

Please contact Houston Immigration Attorney, Annie Banerjee for more details

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

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H-1B vs EAD

admin — Thu, 30 May 2013 18:04:00 +0000

Question: I have filed my I-485 petition and have my work and travel permit. Do I still need to continue my H-1B?

I get asked the above question a lot. And the answer like most things is, “it depends.”

Since the Department of State advanced the current dates for Indian and Chinese individuals in 2007 and then EB-2 towards the end of 2011, a lot of people filed for adjustment of status (I-485). Along with that filing they got the initial Employment Authorization Document and advance parole (travel document). Those documents can be extended yearly until one gets the Green Card (Permanent Resident Card). So technically one does not need the H-1B

Please note though that once you don’t extend the H after 6 years of being in H status, it disappears. You cannot extend it anymore. If you want to get back to the H quota, you will have to go back for one year, then you will have to wait for the next fiscal year, and might have to get into the lottery which happens some years, including this year. In other words its close to impossible to get back the H status if you don’t keep extending beyond 6 years.

The work and travel permits are dependent on the I-485. This is applicable to the principal alien filing the I-485, ie the person for whom the employer filed the Labor Certification. As long as the I-485 is valid (ie the Employer still wants to continue the process) there should be no problem. The problem arises though when the sponsoring employer does not want to sponsor anymore.

However if the principal alien has a new employer after 180 days of filing the I-485, that new employer can transfer the Green Card (Permanent Resident Card) process through AC-21. The job has to be “same and similar” to the job described in the labor certificate. In this situation, the I-485 will be valid for the principal and the dependent aliens as well.

If it happens to be a job in a completely different area, the new employer can start a whole new process of PERM- Labor Certification. The principal alien will still get the old Priority Date, but in this case the I-485 will no longer be valid. And if the principal and dependent aliens don’t have a valid H-1B visa, they cannot do this.

The bottom line: The H-1B visa provides a second layer of security and should be extended if cost is not a consideration. However if cost is a factor, one needs to do a cost-benefit analysis.

Contact Houston Immigration Lawyer , or Houston Immigration Attorney Annie Banerjee, for more information

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

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