EAD / AP Renewal Sample format

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Originally Posted by vishwal24

Hi Idliman,

Thanks for your detailed post.
I have a question regarding spouse status. I visited India and came back to US using my AP and my current I94 status shows as "DA". What would be status of my spouse that i suppose to enter in the application form? She didn't travelled to India and she was staying on H4 and she also received her EAD/AP Card. Should i say "H4" based on I94 or "DA" even for her as my status is changed to DA and i am no more on H1B status ?

Thanks,
Vishwa

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Status at Last entry --> DA
Current Immigration Status --> AOS Pending
Once someone enters using AP, their status changes to "AOS Pending". It does not matter if the one year term in I-94 DA had expired. The underlying "AOS Pending" status keeps you valid.

If you have an underlying H1B, the H1B remains valid if you still maintain the requirements (provided you used only the AP not the EAD). Before you renew H1B for next term status is still DA / AOS Pending. After you renew H1B and a new I-94 is issued then the status changes back to H1B.

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Originally Posted by montyp80

Hi Idliman: Looks like I messed up and sent my renewal package to Chicago office (which is for Family based pending 485), What are my options here? Should I send a new package to Phoenix or hope that USCIS routes it to correct center?

Would appreciate your feedback.

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Sorry to hear that. Please look at https://www.uscis.gov/about-us/organ...ng-information

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If You Sent Your Form to the Wrong Filing Location
If you mailed your form to an incorrect Lockbox facility, your submission may be forwarded to the correct processing facility. However, if your form is not processed by a Lockbox facility, your package will be returned to the address provided on your forms.

If you believe your package has been lost, please contact your carrier service. If you have questions regarding your submission after 30 business days of processing, you may contact Lockbox Support at lockboxsupport@uscis.dhs.gov for review of your submission.

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Originally Posted by vishwal24

Hi Idliman,

Thanks for your post.
Have a question on spouse status to be filled in the forms. I have used my AP and came back to US and my I94 status shows as "DA" but my wife didn't travelled and she is on H4 and she also has EAD/AP Card.
Should i update her status as per I-94 which is still showing as H4 or should i enter as" DA" as my status changed to "DA" and i am no more on H1B
Thanks,
Vishwa

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I forgot that you have a two part question. The earlier question on spouse status is DA & AOS Pending.

If the derivative / spouse uses EAD/AP, [a) either works in EAD or b) uses AP to enter the country or c) both], only the spouses status changes to DA / AOS Pending.

If the primary / husband uses EAD/AP:
If only AP is used then primary status is DA/AOS Pending. H1B remains dormant till next renewal.
If EAD is used, then H1B gets cancelled. There have been detailed discussions on this topic. Somewhat grey. Safe to take that H1B is cancelled.
Once primary changes to "AOS Pending", the derivatives (H4 or L2) gets cancelled as the underlying H1/L1 is not valid. They can work and travel if they have EAD/AP or both.

Basically the derivatives status is dependent on the primary applicant status.

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Originally Posted by montyp80

Hi Idliman: Looks like I messed up and sent my renewal package to Chicago office (which is for Family based pending 485), What are my options here? Should I send a new package to Phoenix or hope that USCIS routes it to correct center?

Would appreciate your feedback.

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Not sure how but my employer's legal had filed the EAD/AP renewal electronically ( receipt started with IOE). I would look into that as an option ( you may still have to send the hard copies of the supporting documentation).

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Originally Posted by idliman

If the primary / husband uses EAD/AP:
If only AP is used then primary status is DA/AOS Pending. H1B remains dormant till next renewal.

Once primary changes to "AOS Pending", the derivatives (H4 or L2) gets cancelled as the underlying H1/L1 is not valid. They can work and travel if they have EAD/AP or both.

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The caveat to the primary using just the AP is that the primary can continue working with the current h1b on file as if nothing changed, and not have to use the EAD. I am assuming the dependent can also continue using the H4 on file without having to switch to EAD, though Cronin's memo doesn't really talk about dependents.

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Originally Posted by idliman

I forgot that you have a two part question. The earlier question on spouse status is DA & AOS Pending.

If the derivative / spouse uses EAD/AP, [a) either works in EAD or b) uses AP to enter the country or c) both], only the spouses status changes to DA / AOS Pending.

If the primary / husband uses EAD/AP:
If only AP is used then primary status is DA/AOS Pending. H1B remains dormant till next renewal.
If EAD is used, then H1B gets cancelled. There have been detailed discussions on this topic. Somewhat grey. Safe to take that H1B is cancelled.
Once primary changes to "AOS Pending", the derivatives (H4 or L2) gets cancelled as the underlying H1/L1 is not valid. They can work and travel if they have EAD/AP or both.

Basically the derivatives status is dependent on the primary applicant status.

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Hi Idliman,

Thanks for helping folks with your knowledge. I have a unique situation and not getting any clear answer.

Bit of background

I had filed 485 ( EB3-downgrade ) in Oct 2020 and EB3 i-140 is not yet approved (despite multiple premium processing attempts ) .
Since i was current in EB2 as well ( My PD is Dec 2,2011) i refiled fresh 485 under EB2 in Oct 2021 and along with i also submitted new application for EAD/AP . Before refiling EB2-485 i sent withdrawal letter for EB3-485 (per company's lawyer advice ) which till date USCIS has not acknowledged .

Questions
In Nov 2021 , i received EAD-AP combo card which was based on EB3-485 . However , from what i have heard is that USCIS cannot issue 2 EAD/AP under same C9 category .

a) Right now the latest EAD/AP applications that i applied in Oct 2021 when refiling 485 under EB2 ,are in status "Case Received" since last 3 months . Does this mean eventually this latest EAD/AP application will be denied eventually ?

b) Is EAD/AP combo card tied to a specific 485 receipt number or is independent of that as long as there is some AOS pending ?

c) The EAD/Combo card ( that i applied with EB3-485) is valid till Nov 2023 . I am not sure if this EAD/AP combo card is valid anymore as technically i withdrew EB3-485 (though USCIS has not confirmed the withdrawal) .
Assume the EAD/AP combo card is valid , but when it comes to renewal , can i send EB2-485 receipt for the proof of AOS pending status instead of EB3-485 at that point or instead of renewal i must file a fresh EAD/AP again ?

Thanks for your help

The moment you had filed a second I-485 on top of an existing I-485, all previous case histories and past experience based actions are off. Only rarely law firms submit a second I-485. So I would be kidding if I say your case is complicated.

EAD/AP is provided based on a pending I-485. So if any AOS application is pending, you still qualify to use the EAD/AP in hand. I doubt you will find references for your case in field manual or memos as it is not a common occurrence. So you just have to go with the intent of the law.

a) When USCIS looks at the EAD/AP application, they just verify that the AOS is pending. So if the second I-485 is pending, they should approve another EAD/AP. I don?t know if there are any internal programming in USCIS system to throw red flags for your case. If an experienced adjudicator looks at your case, he may get to the bottom and may deny EAD/AP or send some sort of RFE. It is just a guess.
b) EAD/AP card is tied to underlying status. Everything works using A#. Not sure how the USCIS system is programmed.
c) USCIS works via established processes. You cannot simply send something by mail to them and hope it works. The outcome is undefined. When the time comes to renew EAD/AP, you will send the supporting evidence (I-485 receipt number) that is valid at that time. I have not seen references to whether existing EAD/AP is still valid or not.

My advice will be to slow it down and wait for things to settle. You are already at 14+ months from I-140 so that should be approved anytime. Getting I-140 through should be your top priority. Get legal opinion on using EAD/AP approved through downgrade I-485. Other than that whatever I have typed above is just an opinion. Your case is not straightforward. I don't know enough things to guide you one way or another.

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Originally Posted by idliman

Sorry to hear that. Please look at https://www.uscis.gov/about-us/organ...ng-information

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Originally Posted by idliman

Sorry to hear that. Please look at https://www.uscis.gov/about-us/organ...ng-information

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Thank you for your reply, Idliman. I will wait it out for another week or so before reaching out to USCIS again.

I haven't received the rejected package and it's been 20 days. I will probably send an email to USCIS early next week to find out if they can track my package. Overall its a mess and no one but myself to blame!

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Originally Posted by gammaray

Not sure how but my employer's legal had filed the EAD/AP renewal electronically ( receipt started with IOE). I would look into that as an option ( you may still have to send the hard copies of the supporting documentation).

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Thanks, I will certainly look in to that. But because we do have to send in photographs as well so I am thinking might as well mail in the package.

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Originally Posted by idliman

The moment you had filed a second I-485 on top of an existing I-485, all previous case histories and past experience based actions are off. Only rarely law firms submit a second I-485. So I would be kidding if I say your case is complicated.

EAD/AP is provided based on a pending I-485. So if any AOS application is pending, you still qualify to use the EAD/AP in hand. I doubt you will find references for your case in field manual or memos as it is not a common occurrence. So you just have to go with the intent of the law.

a) When USCIS looks at the EAD/AP application, they just verify that the AOS is pending. So if the second I-485 is pending, they should approve another EAD/AP. I don?t know if there are any internal programming in USCIS system to throw red flags for your case. If an experienced adjudicator looks at your case, he may get to the bottom and may deny EAD/AP or send some sort of RFE. It is just a guess.
b) EAD/AP card is tied to underlying status. Everything works using A#. Not sure how the USCIS system is programmed.
c) USCIS works via established processes. You cannot simply send something by mail to them and hope it works. The outcome is undefined. When the time comes to renew EAD/AP, you will send the supporting evidence (I-485 receipt number) that is valid at that time. I have not seen references to whether existing EAD/AP is still valid or not.

My advice will be to slow it down and wait for things to settle. You are already at 14+ months from I-140 so that should be approved anytime. Getting I-140 through should be your top priority. Get legal opinion on using EAD/AP approved through downgrade I-485. Other than that whatever I have typed above is just an opinion. Your case is not straightforward. I don't know enough things to guide you one way or another.

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Thanks idliman . Yes , in hindsight going for EB3 downgrade in Oct 2020 was a huge mistake .
However , in Oct 2020 it seemed once in a while opportunity to file 485 ( state of being so close yet so far for last 1 decade ) and since company was allowing for downgrade so took that chance - wish could undo that
Its been a frustrating story so far. You are right about letting things settle down - am just in wait and watch mode now and hoping EB3-140 gets cleared soon

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Originally Posted by idliman

Sorry to hear that. Please look at https://www.uscis.gov/about-us/organ...ng-information

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Hi Idliman, so just a quick update on my case. USCIS did manage to route my application correctly (at least I believe so) because last week I received text notifications of acceptance of my applications with receipt numbers. The received date was 12/20/21, that is when the wrong center received my renewal package originally. However, what's off is that the receipt number starts with IOE instead of MSC where my 485 is pending. Not sure why this is the case, any thoughts?

IOE - USCIS Electronic Immigration System (ELIS). This just indicates you submitted application electronically. When you get the receipt notice, it will have the processing center name on the notice.

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Originally Posted by montyp80

Hi Idliman, so just a quick update on my case. USCIS did manage to route my application correctly (at least I believe so) because last week I received text notifications of acceptance of my applications with receipt numbers. The received date was 12/20/21, that is when the wrong center received my renewal package originally. However, what's off is that the receipt number starts with IOE instead of MSC where my 485 is pending. Not sure why this is the case, any thoughts?

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Originally Posted by SG2020

IOE - USCIS Electronic Immigration System (ELIS). This just indicates you submitted application electronically. When you get the receipt notice, it will have the processing center name on the notice.

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Yes, I am aware IOE is assigned to electronically filed applications, however, I mailed in my package. Anyway, I am seeing the receipts in the mail today from NBC. :)