EAD/AP Questions

[incredible]

Hi Gurus,

Quick question. I have my current EAD/AP (filed 485 back in 2012 with priority date of Feb, 2010) expiring in September. I have applied for new EAD/AP and have gotten receipt notices from USCIS. My question is, can I travel outside the country while the new EAD/AP is in process or do I have to wait for its approval before under take any international travel?

Thanks for quick thoughts on this.

[tenyearsgone]

Hi Gurus,

Quick question. I have my current EAD/AP (filed 485 back in 2012 with priority date of Feb, 2010) expiring in September. I have applied for new EAD/AP and have gotten receipt notices from USCIS. My question is, can I travel outside the country while the new EAD/AP is in process or do I have to wait for its approval before under take any international travel?

Thanks for quick thoughts on this.

It is risky. Last year, I-131s were being denied in such situations. It may still be the case.

Initial situation: https://www.murthy.com/2017/08/10/uscis-denying-advance-parole-applications-based-on-overseas-travel/
Update: https://www.murthy.com/2017/10/30/texas-service-center-still-denying-advance-parole-applications-based-on-overseas-travel/

[imdeng]

I had explored the same question when I was sending my EAD/AP for renewal and my strong conclusion was to not do so. Issuing of AP assumes that you are in the country - leaving the country while AP is pending can lead to significant issues. Would recommend to either file renewal when you are back (if timelines work that way) or do not undertake travel while AP is pending.

Of course - with the delay in EAD/AP approval, this is a real pain.


Hi Gurus,

Quick question. I have my current EAD/AP (filed 485 back in 2012 with priority date of Feb, 2010) expiring in September. I have applied for new EAD/AP and have gotten receipt notices from USCIS. My question is, can I travel outside the country while the new EAD/AP is in process or do I have to wait for its approval before under take any international travel?

Thanks for quick thoughts on this.

[sandykolu]

Can we send the EAD renewal applications 180 days before expiration? For my earlier renewals I have always been sending them 120 days before expiration.
PD: Apr 26, 2010

[horizon]

I had explored the same question when I was sending my EAD/AP for renewal and my strong conclusion was to not do so. Issuing of AP assumes that you are in the country - leaving the country while AP is pending can lead to significant issues. Would recommend to either file renewal when you are back (if timelines work that way) or do not undertake travel while AP is pending.

Of course - with the delay in EAD/AP approval, this is a real pain.


Is there an emergency travel allowed? May need to travel for medical reasons and am not sure if EAD/AP will be approved by then. Also, since I also have H1 approval, is it possible to return back on H1 and then again refile EAD/AP considering that previous application will get abandoned

[imdeng]

Is there an emergency travel allowed? May need to travel for medical reasons and am not sure if EAD/AP will be approved by then. Also, since I also have H1 approval, is it possible to return back on H1 and then again refile EAD/AP considering that previous application will get abandoned

I think now we are veering into territory that is best served by a good immigration attorney.

[imdeng]

Can we send the EAD renewal applications 180 days before expiration? For my earlier renewals I have always been sending them 120 days before expiration.
PD: Apr 26, 2010

Yes - they can now be filed 180 days before expiration.

[geniusmag]

Hi Gurus,

Quick question. I have my current EAD/AP (filed 485 back in 2012 with priority date of Feb, 2010) expiring in September. I have applied for new EAD/AP and have gotten receipt notices from USCIS. My question is, can I travel outside the country while the new EAD/AP is in process or do I have to wait for its approval before under take any international travel?

Thanks for quick thoughts on this.

I do not think this should be a problem. There is no real evidence of pending AP being denied if one undertakes travel based on an already approved and valid AP.
Even if this happens, nothing should stop one from re applying once you are back . In other words , the only risk ( and that too based on rumors ) is your pending application can get denied and you would have to refile once you are back.

It does not in any way make your already approved AP invalid and there fore you can travel while it is valid.

[incredible]

I do not think this should be a problem. There is no real evidence of pending AP being denied if one undertakes travel based on an already approved and valid AP.
Even if this happens, nothing should stop one from re applying once you are back . In other words , the only risk ( and that too based on rumors ) is your pending application can get denied and you would have to refile once you are back.

It does not in any way make your already approved AP invalid and there fore you can travel while it is valid.

Hi All,
Thanks for quick reply. I got similar feedback from attorney as well saying not to undertake any international travel during EAD/AP renewal process. Also another thing that was mentioned is, while EAD can be renewed 180 days prior, we can do AP renewal only 120 days prior.

We had sent both our EAD/AP renewal documents to 'USCIS and they only accepted EAD renewal piece and asked us to file back AP renewal in a month.

[imdeng]

Hi All,
Thanks for quick reply. I got similar feedback from attorney as well saying not to undertake any international travel during EAD/AP renewal process. Also another thing that was mentioned is, while EAD can be renewed 180 days prior, we can do AP renewal only 120 days prior.

We had sent both our EAD/AP renewal documents to 'USCIS and they only accepted EAD renewal piece and asked us to file back AP renewal in a month.

What fresh hell is this! EAD/AP is a combo card - it makes no sense to apply for the two separately - why have two different application acceptance date. Argh!!! I will be applying for renewal later this year - so am keeping track of all this additional complexity.

[idliman]

What fresh hell is this! EAD/AP is a combo card - it makes no sense to apply for the two separately - why have two different application acceptance date. Argh!!! I will be applying for renewal later this year - so am keeping track of all this additional complexity.
My reaction was to smile. The positive thing is that I am glad to know it beforehand. I don't know what else to do, just think of it as another small hurdle. Yes I am also affected by this and we have to send two application packets and hope that they can link it properly for the combined approval of EAD / AP combo card. If not they might approve EAD only and send a paper AP approval separately.

[tenyearsgone]

My reaction was to smile. The positive thing is that I am glad to know it beforehand. I don't know what else to do, just think of it as another small hurdle. Yes I am also affected by this and we have to send two application packets and hope that they can link it properly for the combined approval of EAD / AP combo card. If not they might approve EAD only and send a paper AP approval separately.

This is truly nuts! Given the current timelines and risk of unemployment, I would apply for EAD and AP separately. One more thing to drive us crazy .. I suppose no more EAD/AP combo cards The bar is so low that it would be too much to expect proper linking.

[smuggymba]

What fresh hell is this! EAD/AP is a combo card - it makes no sense to apply for the two separately - why have two different application acceptance date. Argh!!! I will be applying for renewal later this year - so am keeping track of all this additional complexity.

more headache for people...more chances of attorney making money. Lawyers work closely with USCIS to create stupid rules and unnecessary confusion.

[smuggymba]

This is truly nuts! Given the current timelines and risk of unemployment, I would apply for EAD and AP separately. One more thing to drive us crazy .. I suppose no more EAD/AP combo cards The bar is so low that it would be too much to expect proper linking.

In my last renewal I got a combo card but my wife did NOT (two separate envelopes sent together in another big envelop).

so wife ended up getting 2 year EAD and 1 year paper AP came in the mail 2 months later. There are two copies that you receive. For travel, my wife took 1 copy and she had trouble at POE - the officer said you're supposed to carry both paper copies even though we stamp one. Finally they let her in after a lot of back and forth.

The point is these things are perpetuated by greediness of the lawyers (make process confusing, unclear and complex (I-485 supp J is another example)) and incompetence of USCIS. We're stuck in this for the long run, nothing we can do.

[tendlya]

What fresh hell is this! EAD/AP is a combo card - it makes no sense to apply for the two separately - why have two different application acceptance date. Argh!!! I will be applying for renewal later this year - so am keeping track of all this additional complexity.

I recently (2 weeks ago) sent applications to renew EAD/AP combo card for me and my wife. My EAD/AP combo card expires on 6th September. So it was sent before 120 days and close to 180 days mark. I have received receipt notice for both of them. So far so good. Fingers crossed : )

[idliman]

I recently (2 weeks ago) sent applications to renew EAD/AP combo card for me and my wife. My EAD/AP combo card expires on 6th September. So it was sent before 120 days and close to 180 days mark. I have received receipt notice for both of them. So far so good. Fingers crossed : ) I sincerely hope that they accept your AP application. Please update us on the status once EAD/AP is approved. This will encourage us to send EAD+AP together around 180 day mark.:)

[mechanical13]

I recently (2 weeks ago) sent applications to renew EAD/AP combo card for me and my wife. My EAD/AP combo card expires on 6th September. So it was sent before 120 days and close to 180 days mark. I have received receipt notice for both of them. So far so good. Fingers crossed : )

To confirm, USCIS accepted both your EAD and AP extension requests when filed closer to the 180 day mark, and did not reject the AP extension request? That is very reassuring, but also indicates that USCIS is processing renewals in an inconsistent manner.

Three questions:

1) Can you share which service center you applied to?

2) Do you recall if you had specifically requested the issuance of a 'combo card' in your cover letter to USCIS?

3) Do you recall any USCIS filing guidance, indicating ability to file AP 180 days before expiration? I remember seeing some FAQ guidance on the topic for EAD renewals, but do not recall similar guidance on AP renewals. If such guidance exists on USCIS's website, then that would be helpful guidance to include as part of the application package to establish precedent for filing both at the same time.

I will also be filing for renewals in the next few months for both my wife and myself. I am hoping we don't have to file EAD and AP separately.

Thanks

[itsmusa]

I am hoping we don't have to file EAD and AP separately.
Thanks

I filed EAD/AP combo card renewal package on 3/29, about 150 days before my EAD/AP expires on 8/31 and USCIS accepted both EAD/AP applications and send me the texts. I am currently waiting to receive the physical receipt notices in mail.

I hope this would put your concern to ease that USCIS accepts both EAD/AP if filed together.

Best of luck!

[surya1975]

I filed EAD/AP combo card renewal package on 3/29, about 150 days before my EAD/AP expires on 8/31 and USCIS accepted both EAD/AP applications and send me the texts. I am currently waiting to receive the physical receipt notices in mail.

I hope this would put your concern to ease that USCIS accepts both EAD/AP if filed together.

Best of luck!


I am not trying to scare you. I am not sure it is correct. please see below it says 120 days before only you can apply.

https://www.uscis.gov/news/questions-and-answers/uscis-issue-employment-authorization-and-advance-parole-card-adjustment-status-applicants-questions-and-answers

Q7. What if I already have an EAD or an Advance Parole document?
A7. If your Advance Parole document and EAD card have different expiration dates, you may only receive this card if both documents have less than 120 days of validity left, or if the EAD has less than 120 days of validity left and the Advance Parole document is for a single entry only. If you decide to file for this card by filing Forms I-765 and I-131 simultaneously, do not apply more than 120 days before your current EAD expires. The validity period for the EAD and Advance Parole card will begin on the date of the adjudication of the Forms I-765 and I-131.

[itsmusa]

I am not trying to scare you. I am not sure it is correct. please see below it says 120 days before only you can apply.


You could not possibly scare me. USCIS accepted both EAD/AP and sent me the receipt notices :-)

[san_archer]

Hello -

Here are my details - EB2 Priority Date of Dec 2012. I applied for EB2 - EB3 downgrade in Sept of 2021. I do not have an EB3 I-140. Receipt date was Oct 4th and Biometrics on Nov 4th, application are being processed at Nebraska Center. I have applied for EAD / AP - what is the timeline I can expect that at? Right now, I`m just hoping I can get my EAD / AP to travel back home as I haven`t been there in 3 years.

Estimates on USCIS say 3.5 to 8 months for travel document and EAD 8 - 10 months. Does anyone here have any experience with these timelines? How reliable are they? Has anyone obtained EAD / AP - how long did it take?

[gsingh]

Hello -

Here are my details - EB2 Priority Date of Dec 2012. I applied for EB2 - EB3 downgrade in Sept of 2021. I do not have an EB3 I-140. Receipt date was Oct 4th and Biometrics on Nov 4th, application are being processed at Nebraska Center. I have applied for EAD / AP - what is the timeline I can expect that at? Right now, I`m just hoping I can get my EAD / AP to travel back home as I haven`t been there in 3 years.

Estimates on USCIS say 3.5 to 8 months for travel document and EAD 8 - 10 months. Does anyone here have any experience with these timelines? How reliable are they? Has anyone obtained EAD / AP - how long did it take?

There still are some Oct 2020 filers at Nebraska/Texas who are waiting for their EAD/AP. You can try to expedite if there is a genuine reason (emergency travel/job offer / expired D/L etc). It's hit-or-miss but there is nothing to loose.
Assuming you are on H1B , there is some news around H1B interview waiver. I don't know the details but you can look that if that can hep with your travel.

However for the AOS I-485 application, if you are with the same employer who has the previous I140, you should consider withdrawing the current I-140/I-485 and filing a new direct I-485 based on the EB2 I-140 for the 2 reasons -
Dec 2012 will most likely be current for FA in EB2 before EB3.
Direct fillings go to NBC. However it is not guaranteed they stay with NBC but most of the applications do stay with NBC/FO. NBC is processing at much faster rate compared to Nebraska/Texas (over 10 times with same case load - refer USCIS Q4 reports).

[san_archer]

There still are some Oct 2020 filers at Nebraska/Texas who are waiting for their EAD/AP. You can try to expedite if there is a genuine reason (emergency travel/job offer / expired D/L etc). It's hit-or-miss but there is nothing to loose.
Assuming you are on H1B , there is some news around H1B interview waiver. I don't know the details but you can look that if that can hep with your travel.

However for the AOS I-485 application, if you are with the same employer who has the previous I140, you should consider withdrawing the current I-140/I-485 and filing a new direct I-485 based on the EB2 I-140 for the 2 reasons -
Dec 2012 will most likely be current for FA in EB2 before EB3.
Direct fillings go to NBC. However it is not guaranteed they stay with NBC but most of the applications do stay with NBC/FO. NBC is processing at much faster rate compared to Nebraska/Texas (over 10 times with same case load - refer USCIS Q4 reports).


@gsingh - I really appreciate you taking time to reply. I have thought about going the EB2 route. I will decide on that when the EB2 dates become current, I`m thinking in the next few visa bulletins.
Thanks for the information regarding H1B interview waiver - I will look it up. Does anyone on this forum have more information regarding that?

My work place does do business all over the world, they are currently handicapped by my inability to travel. Is that a good enough reason to expedite EAD/AP?

[gsingh]

@gsingh - I really appreciate you taking time to reply. I have thought about going the EB2 route. I will decide on that when the EB2 dates become current, I`m thinking in the next few visa bulletins.
Thanks for the information regarding H1B interview waiver - I will look it up. Does anyone on this forum have more information regarding that?

My work place does do business all over the world, they are currently handicapped by my inability to travel. Is that a good enough reason to expedite EAD/AP?

In that case, I would ask employer's lawyer to request expedite processing of AP.
Good luck!