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,
Does part (b) of this answer your question?
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.
Without an irritant, there can be no pearl.
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.
Without an irritant, there can be no pearl.
ok thanks very much!
Hi Guys- Help here will be appreciated. I just wanted to ask whether it was necessary using a lawyer to file the EAD and AP renewal forms. They seem like pretty basic forms and something we can do ourselves. My lawyer who has been great so far is charging $250 to file those forms. I did however have a couple of questions that would like answers to.
AP
1) Part 1- Class of admission- what exactly needs to be put over here? I am currently on H1-b. I dont know what to put over here.
2) Part 3- date of intended departure and expected length of trip- I assume we can just put any reasonable dates here?
3) Part 7- On a separate piece of paper, explain how you qualify for advance parole and what circumstances warrant issuance of advance parole. Include copies of documents you wish considered. what exactly have people put for this section? If anyone can send what they send it would be great.
4) For supporting documents: It asks for copy of document issues to you by the USCIS showing your present status in the United States. What exactly is this and what do we need to send for this? does it mean h-1 approval i-797 notice?
EAD:
5) Part 11 asks for previous ead applications and to send details. Do we just need to send the most recent ead information. I had 2 eads while on OPT in and after university- does that need to be mentioned here too? there doesn't seem like any space available.
6) Part 17 on this form and other parts on advance parole form such as Part 4, Part 5 and Part 6 dont apply- in fact after Part 3 it says skip to part 7- do we still need to put N/A or None over there or just leave it blank. I have read somewhere that USCIS can be very anal about leaving blanks- but these sections are completely not relevant.
7) also do ead and ap forms have to be filed together in the same envelope??
Would greatly appreciate answers to these please.
Thanks,
Last edited by funnysummer2005; 03-07-2013 at 04:13 PM.
hi Guys- would love an answer to the below please....thanks.
want answers to all the questions below, but especially for:
AP
3) Part 7- On a separate piece of paper, explain how you qualify for advance parole and what circumstances warrant issuance of advance parole. Include copies of documents you wish considered. what exactly have people put for this section? If anyone can send what they send it would be great.
4) For supporting documents: It asks for copy of document issues to you by the USCIS showing your present status in the United States. What exactly is this and what do we need to send for this? does it mean h-1 approval i-797 notice?
EAD
5) Part 11 asks for previous ead applications and to send details. Do we just need to send the most recent ead information. I had 2 eads while on OPT in and after university- does that need to be mentioned here too? there doesn't seem like any space available.
7) also do ead and ap forms have to be filed together in the same envelope??
Thanks- but hope someone can answer the other questions also
Has anybody efiled I 765 & I 131 for renewal EAD?
I have efiled & paid the fees. My PD is Aug 2009 EB2 I. My 485 was filed in Feb 2012. I paid fees for both I 765 as well as I 131. I do not see any body discussing efiling. Did I do something wrong?
The reason is probably that EAD and AP fees (initial and renewals) are included in the I-485 filing fees since August 2007.
However, to take advantage of the filing fee exemption, the applications must be paper filed with a copy of the I-485 receipt. An exemption from the fees is not available if e-filing EAD and AP.
Without an irritant, there can be no pearl.
Thank you Spec,
I realized my mistake now. Should I try to retract this application or let it go through. Real question is - if I let online filed I765 & I131 with paid fee go through, will USCIS have a reason to reject it because it was supposed to non-fee paid application?
Thank You Spec,
I realized my mistake now. Should I try to retract this application or let it go through. Real question is - if I let online filed I765 & I131 with paid fee go through, will USCIS have a reason to reject it because it was supposed to non-fee paid application?
Without an irritant, there can be no pearl.
Hello , can someone please provide me some guidance regarding my EAD combo card renewal. Is it recommended to contact Ombudsman or Senator to break the deadlock ?
I filed my case in January and it was approved in April , however I never got the AP approval notice nor the combo card. Instead I got an EAD card that does not serve as AP. ( USCIS mistake )
I have called Customer service many times, they keep raising SR's and different L2 officers have suggested different ways ( including waiting for separate AP renewal doc to sending back the faulty card ) . I even visited USCIS local office and was told to send the faulty card back to get a corrected one. I sent this card back 6 weeks ago and the online status continues to read as " We received your card and reviewing it ". This when I had marked the request as an "EXPEDITE REQUEST " ( as suggested by the Info pass officer )
To add to the mess, I got another response to an SR that the L2 officer had raised and the response now says, that they sent AP approval notice and it might have been lost in the email !! ( No tracking number provided, so I am lost where to look for it )
I hate to call them again and raise another SR as every time I get a different and more confusing response.
This is coming to a point where it can start impacting my ability to change employers. It has been 7 months since I first filed the case and today I am not only without valid AP, also do not have the EAD card !
I am panicking because I was looking to change jobs in next months and cannot seem to get out of this situation despite doing everything right.
I appreciate if anyone can suggest a way out
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
Hello,
Little confused on where to file EAD/AP renewal this time, Form I-485 pending starts with LINXXXXX and pending, staying in NJ area.
As per my understanding this is what, I have gathered.
I-765 should go with Dallas Location, while I-131 should go with Phoenix location, is my assumption correct?
But, then I see a line on very top of I-765 section..
"If you are filing Form I-765 with another form, file both forms at the location specified by the other form".
Any helps will be appreciated..
Sabegh
Hello,
Little confused on where to file EAD/AP renewal this time, Form I-485 pending starts with LINXXXXX and pending, staying in NJ area.
As per my understanding this is what, I have gathered.
I-765 should go with Dallas Location, while I-131 should go with Phoenix location, is my assumption correct?
But, then I see a line on very top of I-765 section..
"If you are filing Form I-765 with another form, file both forms at the location specified by the other form".
Any helps will be appreciated..
Sabegh
Hello Spec,
I am filing for my wife's EAD/AP renewal myself first time. We filed our I-485 in March, 2012. Is it true no renewal fee is necessecary for both I-765/I-131 in case I paper file these applications. My wife reneterd US on advance Parole last year, can you advise what has to be filled in Q.14 How much is the EAD renewal fee under category (c)(9)? and 15. How much is the EAD renewal fee under category (c)(9)? for formI-765.
thanks,
HB
Hello,
Since I-765 (EAD) can be renewed 180 days before expiry, and I-131 (AP) 120 days before expiry, when should I send over the EAD/AP combo renewal? Could I send it over 180 days from the expiry of the current EAD/AP combo card.
Thank you.
You can find old material from USCIS website stating 120 days, but those are outdated material by a few years.
To the best of my knowledge, there is no definite answer for you from USCIS other than "Ask Emma" tool.
Q: How early can I apply for renewal of EAD Combo card?
Emma: To renew a work authorization and advance parole combo card, you must file the Application for Employment Authorization, Form I-765, and Application for Travel Document, Form I-131, concurrently, and at least 180 days before the combo card is due to expire. For additional information on how to renew your combo EAD/AP card please access the links provided.
You can renew EAD 180 days in advance. If your I-131 is a combo EAD/AP card you can apply for EAD/AP together. Many have done it in 180 days window and got approved. I recently filed EAD+AP renewal in 180 day window and had received receipt notices. The safe way will be to apply for EAD @180 days and AP @ 120 days. But then your will more likely get a 1 year paper based AP and not a combo card. To me EAD is more important for 180 day window. If the AP is rejected for applying early, you can apply again immediately.
Take the plunge and apply for combo EAD/AP card in 180 days window. Keep both applications in same envelope.
Good Luck.
My EAD/combo renewal is still pending (85 days and counting). Since the automatic 180-day extension applies to my current EAD (category c-9), am I allowed to raise an SR after 90 days? Thank you.
=====
I believe I can answer my own question. I found this online: http://myattorneyusa.com/making-a-se...ad-application
=====
The article says definitively that the ability to raise an SR after 75 days still exists even for folks covered by the automatic 180-days extension.
Last edited by nbk1976; 11-16-2018 at 01:12 PM.
Hello all,
I am working on EAD since 2012. When I filed my 485 in 2012 and till early 2019, I lived in Georgia. So I have been filling EAD/AP renewal at Texas service center. I recently moved to California and I will be filling EAD/AP renewal soon. Based on my new location, should I file the renewal at Nebraska service center? My 485 is pending at Texas service center, will that affect EAD/AP renewal?
Thanks.
Hi All ,
any idea on the impact of the Pandemic on USCIS offices. I suppose all applications will get impacted if they close the offices . My wife and I have our EAD (through AOS) in process as it expires August first week and we had filed the application early feb. The current processing time shows 4.5-6.5 months for NSC.
If our EAD does not come by August , will be get an automatic extension ? https://www.uscis.gov/i-9-central/42...-circumstances says that the Eligibility Category must be C19 but my application has it as C09.
One Final Q: When I change a job on EAD, is it mandatory for one to file a Supplement J. I spoke to Fragoman and they told me that it is not mandatory to file the Supplement J as AC-21 does not really Mandate it . They said that the Supplement J is needed only if they get an RFE .
There are currently 1 users browsing this thread. (0 members and 1 guests)