As Life Goes Digital

This is the situation of entrepreneur - EB2 and filed AOS received EAD (Employment Authorization Document). Is it possible for a person on EAD status to own a business and work as CEO of their own business ? Probably not as EAD For employment based green cards, the green card applicant uses AC21 and may use his/her EAD to work in a similar job that was filed in I140 case.

Here is great discussion from a post by stevesmith155 in Hacker News. Few options that seems possible from comments are -

1) Use o-1 visa - Something similar to EB1 and who qulifies as extroadinary people.
2) Set up a company in India and use B1 visas for visits to US and basically forgo green card in us

I feel if the guy is married the other option would be to incorporate a company name on spouse name as spouse should have got EAD.

Related articles by Zemanta

• EAD 2 years renewal from June 30 2008
• USCIS pays $30,000 for EAD Delayed processing
• Another HIV Deportation

Labels: EAD, Entrepreneurship, Immigration

This is one useful experience that my friend shared with me when he travelled with his family to London and returned to US on AP documents when his AOS application is pending.

Ap (Advance Parole) will allow one to travel outside the United States while one's adjustment of status application is pending.These documents is valid between the dates shown on the document, and to re-enter into the U.S. without a valid visa in passport. Make sure that you are physically inside the United States prior to the expiration date shown on the document.

We will receive two or three original travel documents that are all identical (you will only need two - however USCIS sometimes has sent out three originals. If you have three originals (keep one in a safe place at home). Take a couple of copies with you in addition to the two originals. When you use these documents for the first time, the airline may ask for a copy of the Advance Parole.Upon arrival into the US, one original Advance Parole will be stamped by immigration and they may take the other original.

My friend carried only one original document and that created big problems for him and he was questioned that delayed his immigration check by more than half hour. So make sure you carry all the (three identical) documents when travelling with AP.

Be sure to retain the original Advance Parole (Form I-512) stamped by the U.S. Immigration officer since this is a multiple entry document and you may wish to use it again at a later date. You will not be given a new document, so make sure you keep this document in a safe place for future traveling.

If you have not yet received your employment authorization document (EAD), and you travel internationally, please carry with you a copy of your current Form I-797A approval notice that will be evidence of your work status (H or L). Upon your return to the U.S., these documents will verify that you are authorized to work in the U.S., if the question should arise from the U.S. inspector at the border. Make a copy of the I94 record that you will surrender when you leave the US so that you have record of it for the return trip.

If you already have your Employment authorization document you should carry it with you and you do not need to carry the other documents discussed above. You still may want to copy the I94 record for your future reference.

Labels: Advance Parole, Ap, EAD, green card, Immigration, Travel

This post is for those who got wrong information on their Green Card - EAD,485 & AP documents.Be sure to check twice if all information on GC documents are correct.

Wrong Last Name:

My wife got her 485, AP and EAD receipts and all of them had incorrect last name. One letter was dropped from the last name.

Here are few options available to change this name or use some alternate method.

Finger printing:

When we went for our finger printing appointment we informed the officer and changed her last name to the correct one in her 485 application.

EAD Card:

We received her EAD card which had the incorrect last name.Looks like I have two options available
a) Re apply - Send original EAD card back to USCIS to get the problem fixed.As per estimates this would take minimum of 90 days.
b) Use wrong EAD card with Passport which has correct name on it. This was one suggestion from immigration attorneys and hope that works with out any issues.

I'm inclining to option 'b' as in one year I anyway had to renew EAD card.

Social Security Number:

The big worry we had is that if my wife who is on H4 visa can get SSN with wrong name on EAD Card (EAD card is the proof of employment authorization to get SSN number) ? There is no need to worry and this situations we will get SSN number irrespective of names spelled wrong on EAD card. The first question we were asked at social security office if if names were correct on EAD.They put the right names on SSN application and included wrong name on other names.

Advanced Parole::

In the AP receipt her last name was wrong. The option seems to be calling USCIS and correcting it in the system.

The USCIS numbers to call and fix are listed in the receipt documents.

Labels: Advance Parole, EAD, green card, i485, Immigration

Senator Barack Obama is from a cold windy place Chicago but has a warm heart.

Here is an incident that happened to my friend who got help from Obama at the right time. Also this incident reminds us for immigration if you have an emergency situation dont hesitate to contact your local senator for help.

My friend sent his and family's application for advance parole. Advance Parole (also, AP) - a travel document authorizing one, in certain situations, to return to the U.S. from a trip abroad - most commonly, when one has an AOS application pending for Green Card. BCIS office is still processing his advance parole and his father-in-law expired during this time in India.

It is a shock to my friend and his wife of whatever the circumstances. He started exploring of any emergency route of getting the AP expedited. He contacted Indian Embassy at Chicago and spent numerous hours requesting them if they can help him out of this situation by talking to Texas service center which processes all this AP applications. Nothing worked out for him. He lost three working days making rounds to Chicago Indian embassy.

The only option he had is to go to India without AP because of emergency circumstances like this. Once out of US it is well known that how difficult to get these documents from an immigration agency.

He kept contacting the Customer Service line. They are supposed to be able to contact the concerned service center and find out the status of the AP case. As written in many immigration forums that if there is a bona fide emergency which can be documented, contacting the AILA Liaison or one's Senator's office may help in obtaining the AP faster in some cases.

Friend got Obama’s office numbers in Chicago and found that "Senator was too busy with his campaigns for a week time and not giving any appointments" was told by his secretary. As a last try this friend some how got Obama's personal phone numbers from his Desi contacts and explained the situation of his emergency circumstances to Obama. Senator immediately responded in his quest to seek out the little guys who need handholding in the big, bureaucracy ridden world of immigration boundaries.

Obama’s secratary arranged a meeting with the Texas service center. "He's promised to set this right," says my friend. Same day appointment was given and he told secretary to make calls and finish this case by evening of that day. By evening with all faxes of required copies my friend finally got his AP from Texas service center. Friend left to India the next day and was able to attend his father-in-law's funeral.

Obama not yet be able to rattle off the whole Desi population vote bank but I believe his small helps for the needy have earned him good PR, but can he be called the "aam Desi aadmi ka Senator" (the common man's Senator)?



Hold on take a look at this article about - Are Democrats India friends?

The rising star of the Democrats, Senator Obama, has lent his name to an amendment that prevents India from storing fuel for its imported reactors," pointed out M. J. Akbar, editor-in-chief of The Asian Age. And The Hindustan Times described it as "a clear indicator that doing business with a Democrat-dominated Congress will not be easy."

Besides this Obama has tough competition from Hillary Clinton.

Hillary’s supporters don’t think Obama will get far with Indian-Americans because as Joseph Crowley, Democratic Congressman explains, "She has a demonstrated commitment not only to Indo-Americans but to the relationship between the United States and India. Se has a record as a Senator and as a First Lady that I don’t think Senator Obama can even come close to comparing with."

The race between Hillary Clinton and Barack Obama is already shaping up to be a fierce contest across America, and could split the Indian-American community as well. So. will it be Hillary’s experience or Obama’s energy? Well, this might be a tough call to make because Indian-Americans seem to find qualities to support in the major candidates, on either side of the Democratic divide.

Whatever the case In sum, My friend tells this story to every one he knows and probably this is like silently campaigning for him to win his presidential elections.

Good luck Obama!

Labels: Advance Parole, Ap, Desi, EAD, Emergency, Immigration, Presedential candidate, Senator Barack Obama, South Asian Indians