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Guys,
I had started using my EAD from Oct/2012. So technically I am no more on H1B status. My lawyer suggested/recommended me not to file AC21, so we haven't file AC21.
I am renewing my and my wife EAD & AP this week. What shall I say on i-765 form our current immigration status (Q.15 Current Immigration Status (Visitor, Student, etc.))?
Thanks in advance!!
Your status is AOS pending.
If you do not file AC21 then check with your lawyer whether your PD from EB3 can still be transported to EB2. Good luck!
Quote:
Originally Posted by username
Thanks Q for the reply.
My EB3 PD got ported and USCIS had issued me new I140 with EB2 category and EB3 PD date.
Quote:
Originally Posted by qesehmk
Hi,
My EAD/AP is going to expire on feb10th 2013, so, I applied fot the renewal on October 24th through my attorney and we got it approved and got our cards on 28th Nov.
My worry is that we do not have finger prints on our new EAD/AP card. Is that ok?
Thanks,
No fingerprinting.Quote:
Originally Posted by dec2007
Fingerprinting was needed for AOS (485) not for EAD.
Its a month now. No updates still in Initial review. Hope to get it before my dl expires in mid jan.Quote:
Originally Posted by GCKnowHow
what is the validity duration for FP.Quote:
Originally Posted by vizcard
Once it is over, if we have to get again only when the PD is current? or is it automatic call for FP once the time limit is passed?
I doubt if FP expires. I think it will be on case-to-case basis. I had a friend who had to go for FP 2-3 times. I think he had job change/AC21 etc.
Just my thoughts. No direct experience...
Quote:
Originally Posted by bvsamrat
there's no expiration on FP..its not like your fingers change :)
Its wierd. I see my EAD and AP renewal are in Initial decision, my wifes EAD in card production and AP in Post decision. Should I call them??
Did some google and seems to be a common issue. Guess, I have to wait for some more time.
When did you send your packet in? In my case, both my wife's and my applications are in initial review (we sent ours Dec 10th) , but my wife's receipt notifications came through exactly a week before mine (Dec 13 vs Dec 20). We had to send them into different lockboxes (my wife's went to the Phoenix lockbox and mine to Dallas - surprisingly, Phoenix lockbox got the application to the Texas Service Center a week sooner than the Dallas lockbox)Quote:
Originally Posted by GCKnowHow
Receipt date is Nov 13th. I thought both primary and spouse should be sent to same lock box.
Lockboxes depend on address on record. My wife and I live in different states. Hence the different lockboxes.Quote:
Originally Posted by GCKnowHow
Mine is also in Card Production now.Quote:
Originally Posted by GCKnowHow
I have a question, for which I couldn't find an answer. Probably its a very stupid one, so I apologize for asking it before hand.
I am in Jan 2012 I-485 filer, and got my EAD/AP in Mar 2012. We travelled back to India (after 4.5 years) and came back to US in Apr 2012. Now in Jul 2012 (right after 180 days) I left my harassing employer and started using EAD. I recently filled for EAD/AP renewals and got them last week (within 4 weeks of applying).
Now my question is regarding I-94. the I-94 we got when we entered in Apr 2012 on AP (as a Parolee) was valid for 1 year. So how do I get a renewed I-94? In order to renew my DL as a Parolee the state requirement is to have a valid EAD and I-94. Please advise.
From my understanding, AP replaces your I-94 as a valid status document.
So EAD+AP should be sufficient for DL renewal.
Again experts can correct me if wrong...
Quote:
Originally Posted by la_2002_ch
la_ my personal experience is - we used the AP for drivers license for wife. But still preserved the I-94 for future trip to India - so that we could surrender it at the airport.
Quote:
Originally Posted by la_2002_ch
thanks Q and gc0907 for your responses. So I can just ignore the I-94 and its validity date. I checked with the DMV again and they said, they just need a I-94 (its validity doesnt matter on EAD+AP).
Quote:
Originally Posted by gc0907
Quote:
Originally Posted by qesehmk
That DMV system seems broken to me. Why doesn't DMV have proper access to status info of non-immigrant visa and EAD holders...
Quote:
Originally Posted by la_2002_ch
Friends,
I and my wife filed I485 last year April and got EAD/AP for 1 year expiring end of May 2013. I did not apply for my wife's SSN till now. She is on H4 visa. I spoke to my lawyer about renewal process of EAD/AP and I was told that it is important for us to get SSN for my wife based on her EAD. Does anybody know if it's really important? I didn't applied for her SSN till now because 1) I thought we will have to get a new SSN whenever we get GC approved and 2) I thought that it might change my status from H1 to be on EAD.
I'll highly appreciate your feedback and suggestions on the same. Thanks a lot!
SmileBaba,Quote:
Originally Posted by SmileBaba
Once an SSN is issued, it stays the same for life, so getting the GC won't alter that fact. After GC, you can ask for a replacement that does not have the DHS legend on it, but that is not absolutely necessary.
Using the EAD to obtain an SSN is not the same as using the EAD for Employment Authorization. It has to be the basis for an I-9 to do that.
Even if your wife were to use her EAD for employment, it would not alter your H1B status - only you using your EAD for an I-9 would do that.
The SSA will need to see a valid basis for your wife to obtain Employment i.e. a valid EAD to be able to issue an SSN to her.
After obtaining an SSN, your wife should also inform the IRS to use it and link it to the ITIN she previously used for tax purposes.
I think it is quite important for your wife to obtain an SSN while she can. Much of American life assumes a person has an SSN an having one will make life less complicated. If your wife ever decides to work, she will need one. Also, without an SSN, it is virtually impossible to build up a credit rating. Many DMV will ask for a letter from the SSA stating the person is ineligible for an SSN for license issuance and renewal, if they do not possess one.
I'm sure there are many other reasons as well. Suffice to say that there are no downsides to having an SSN. Conversely, it can certainly be a pain in the proverbial not to have one.
Thanks a lot Spec! Though I am still wondering why it is important to have SSN for renewal of EAD/AP. Also glad to know that her using EAD for employment does not alter my H1B status. But what would be her status once she use EAD for a job? Will she still be on H4 or H4 wouldn't matter?
Thanks again!
Quote:
Originally Posted by Spectator
First SSN is a must in US to just go and get it without thinking too much. It is necessary for just too many difference places to mention.
However what is strange here is - my wife received her SSN in order to be eligible to obtain EAD around 2007. Similarly, when I came to US they gave SSN to us so that we could legally work in the US for 20 hours as students. SSN itself didn't constitute work authorization but that was a critical precursor to work authorization. So I am surprised that they issued an EAD without SSN in the first place.
Anyway just go and apply locally and you should receive it based on pending 485.
Quote:
Originally Posted by SmileBaba
Regardless whether she gets a job or not - her status is H4 with AOS pending. EAD and use of EAD doesn't change that. It will be changed if she reentered US with AP. Then she won't have H4 anymore.Quote:
Originally Posted by SmileBaba
SmileBaba,Quote:
Originally Posted by SmileBaba
The lack of an SSN should not hinder renewal of the EAD.
I differ to Q if your wife were to actually use the EAD for employment.
If she actually starts work, she would lose her H4 status immediately and become "AOS Pending".
Employment violates the terms of H4 status, so a person cannot both work and be in H4 status at the same time.
She could return to H4 status by departing the US and returning using an H4 visa. She would then remain in H4 status as long as she did not take up employment again.
Spec
The reason I said what I said is because EAD is just that. It has nothing to do with status. H4 certainly prohibits work by itself. But I am not sure that it prohibits work even with a valid EAD.
Quote:
Originally Posted by Spectator
Thanks Q and Spec! Should I be carrying I485 receipts along with EAD card? Basically what all documents should I be carrying to SSN office?
Also in the form for SSN what should be her Citizenship status? "Legan Alien allowed to Work" or "Legal Alien Not Allowed to work"?
Thanks a lot!
Quote:
Originally Posted by qesehmk
Today we applied for my wife's SSN successfully. Provided officer with filled form and EAD/AP combo card. Later on officer asked for Passport and that's about it. Thanks e'one for your valuable suggestions.
Quote:
Originally Posted by SmileBaba
Congrats Smilebaba!Quote:
Originally Posted by SmileBaba
There is a new systems called SAVE (Systematic Alien Verification for Entitlements). My EAD approved last year had not hit this system yet so they can't issue DL. The renewal approved few weeks ago also not there. My wife's both EAD records were not there. Any one had such issue? My DL expires in couple of days. :(
SAVE system verification does not take more than 3 to 5 days. It took just one day for me, pretty quick.
Dear Friends! I have a confusion on number of passport size photographs required for EAD/AP renewal per applicant. Is it 2 or 4 (i.e. 2 for EAD and 2 for AP)?
Also it seems e'one has sent copy of Driver's License for renewal. My dependent has not yet received her DL. Hope that shouldn't be an issue.
Thanks in advance!
Please can anyone shed light on this?
Quote:
Originally Posted by SmileBaba
4 photos per applicant - 2 for EAD , 2 For AP - write the name and A number at the back of each photoQuote:
Originally Posted by SmileBaba
You can also send passport ID page copy instead of the DL copy
Got it. Thanks!
Quote:
Originally Posted by free2talk
Hi Spec- I had a question and hoping you or Q or someone would be able to answer this. It is regarding EAD/AP and travel while renewal. Based on the discussion on this thread and the USCIS site it has become clear, that you need to be in the US while applying for renewal (i guess almost everyone is applying for ead/ap combined renewal), and can travel while the application is pending. However, if the AP is approved while out of the country, it cannot be used to enter the country and the person must enter before the current AP expires or risk not being allowed entrance.
I understand the above as it pertains to the use of the AP.
However, my questions is the following:
If AP renewal application is sent while in the country and then the applicant leaves the country. Lets assume that the AP application is approved while the person is overseas and during the time overseas the current AP expires. Again, i understand that the applicant cannot use the new approved AP that was approved while overseas. However, can the application still use the H1-B visa that has always been used to enter and once in the country and then in the future after being the in the States use the new AP for future travel if required. The application has never used the AP card- the current one while entering or leaving the country and has just been maintaining the AP card as a back up.
The essence of my question is whether AP approval while overseas invalidates future use of that AP after entering the country though the H1-B route. Of course, it does invalidated if tried to use the first time.
I hope this is clear. Thoughts would be greatly appreciated.
Thanks,
Quote:
Originally Posted by Spectator
Does part (b) of this answer your question?Quote:
Originally Posted by funnysummer2005
Quote:
AILA: Advance Parole Pending - Travel During.
The new 1-131 instructions say: “If you travel before the advance parole document is issued, your application will be deemed abandoned if (1) you depart from the United States.”
We would like to confirm that abandonment of a pending advance parole application does not occur if the foreign national is otherwise authorized to depart and return either because the foreign national (a) already possesses a valid I-512L and returns before the 1-512L expires, or (b) has an 1-485 pending and is re-admitted as an H-1, H-4, L-1, L-2, K-3, K-4, V-2, or V-3.
USCIS: (a) If a foreign national
(i) already possesses a valid, unexpired advance parole,
(ii) applies for a new advance parole while he/she is present in the U.S., and
(iii) then departs the U.S., the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession.
If the foreign national returns timely, abandonment of the pending advance parole application would not occur.
However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.
(b) Yes, we confirm that that abandonment of a pending advance parole application does not occur if the foreign national is otherwise authorized to depart and return because the foreign national has an 1-485 pending and is readmitted as an H-1, H-4, L-1, L-2, K-3, K-4, V-1, V-2, or V-3.
Quote:
Originally Posted by Spectator
Thanks Spec- I would interpret it to mean and in particular to answer my question that i would be able to use the advance parole document not the first time when i enter the country (as it was approved while i was away and in any case i will be entering with h1-b), but in the future when i don't have an H1-B (current one might expire, employer not chose to renew it etc etc whatever the reason), but at that time I will be able to use the advance parole even though that particular advance parole document was approved when i was not in the country.
Is that what you would think is the interpretation?
thanks,
Yes.
If the AP was pending when you left the US and you are re-admitted in H1B status, then the AP is not abandoned and is available for future use.