EAD (and/or AP) Renewal
hi, my ead/ap combo expires 01/26/2013. I am travelling to India on 10/25 and coming back in 1st week of december and intend to use AP while returning. Is it a good idea to apply for renewal now or after coming back? I have been proven so much unlcky that I started thinking what if my ead/ap renewal application gets rejected while I am in india? If rejected can I enter USA using the existing AP (which expires on 01/26/2013) , does it invalidate the exsitng AP ?
Kumar - I have never heard EAD/AP renewal rejection. But even if so - that shouldn't invalidate existing AP. The only way existing AP and EAD will be invalidated is if the underlying 485 is rejected.
But regardless of all that .. be fearless my friend. Too much fear will suck the life out of you. Best wishes!
p.s. - Please post these questions in appropriate threads and leave this thread for calculations.
Originally Posted by kumar81
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.
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Thank you very much Q. hoping to get more visibility, I posted here. Sorry for the inconvenience.
Moderators, I am unable to move or delete my above post. Could you please move or remove my above post. Thank you for your support.
Hi, I am posting this question again here as it became a bit urgent and critical for me.
my wife is in India now. Her current status AOS pending. Her EAD/AP combo expires on 01/26. She signed and mailed the original forms to me here. can I mail the application to USCIS?
I got mixed opinions in different blogs. 1 yes and 1 no in this blog earlier. Unfortunately I am unable to reach my attroney. I am leaving the country in a few days and so trying to come to conclusion asap.
Thank you very much in adavance for your help.
Hi, I am posting this question again here as it became a bit urgent and critical for me.
my wife is in India now. Her current status AOS pending. Her EAD/AP combo expires on 01/26. She signed and mailed the original forms to me here. can I mail the application to USCIS?
I got mixed opinions in different blogs. 1 yes and 1 no in this blog earlier. Unfortunately I am unable to reach my attroney. I am leaving the country in a few days and so trying to come to conclusion asap.
Thank you very much in adavance for your help.
pranayGH19,
I don't think you will get any definitive answer and even attorneys seem to differ in their opinion.
For example, I did see that Ron Gotcher felt that APPLYING while the person was out of the Country was OK.
What everybody agrees about is USING an AP that was approved while the person was outside the Country - that is not allowed. A person can't leave the USA on a valid AP and then try to return after expiry of that AP on a new AP that was approved while the person was outside the USA.
So regardless, you wife would have to return to the USA before January 26, 2013 to collect any new AP before it could be used, assuming she has no valid H4 visa to use.
As for just applying, it probably comes down to your personal risk tolerance and depends on the urgency of obtaining the AP or EAD renewal.
When is your wife planning to return to the USA?
Without an irritant, there can be no pearl.
Thank you very much Spec. This will definitely help me in making more informed decision.
Ideally she is planning to return in 03/2013. But now she almost decided to return before the existing AP expiration date and if need be, she will travel again with renewed AP.
Questions on application process:
1. Do we need to submit copy of I-94 with renewal application of 765 and 131? In the instructions documents ( 765: c9 category, 131: AP category), I don't see any need for I-94 submission. What do you think or suggest?
2. by general understanding, can I atleast apply for EAD renewal alone ( so she can resume her job aftre return) without fearing that it may get rejected since she is out of the country currently?
3. If we apply for AP renewal without I-94, is there a chance for rejection on the gorunds that she is out of country?
Thank you again.
If she doesn't have a valid H/L visa to return on, she MUST return before the current AP expires or risk being denied entry at a later date and abandoning her I-485.
1. No idea.
2. There is no requirement to be in the USA to apply for an EAD (to my knowledge).
3. No idea.
I know what I would do, but I will suggest nothing. It's not my place or life to do so.
Best of luck.
Without an irritant, there can be no pearl.
Thank you very much Spec. Based on all the info, I decided to go ahead and apply for her EAD/AP renewal but still return before exisitng AP expiration
Hi Guys
I am sure lot of you would be applying for EAD/AP renewal. Here is the list that of documents I am planning to send for both EAD and AP. Hope I did not miss anything.
0. G-1145 E-Notification of Application acceptance
1. Cover letter
2. Two Color Photographs (A# and name lightly printed in back)
3. Completed form I-765, Application for Employment authorization
4. Copy of previously approved Employment Authorization Cards (Front)
5. Copy of previously approved Employment Authorization Cards (Back)
6. Previously approved EAD mailer information cut-off section
7. Copy of I-797C, Notice of Action, receipt of filing I-485
8. Copy of Drivers License
9. Copy of Passport information page.
I don't know how EAD/AP combo renewal process works but make sure you also apply for AP renewal if you had a combo card that's expiring.
NSC - EB2I | PD: Sept, 2007 | RD: 03-Nov, 2011 | ND: 08-Nov, 2011 | FP Notice: 10-Dec,2011| FP Done: 30-Dec,2011
EAD/AP(Approval Email): 09-Dec, 2011 | EAD/AP(Physical Card): 15-Dec, 2011
GC(Approval Email): 27-Jan, 2012 | GC(Physical Card): 01-Feb, 2012
What is G-1145 E-Notification of Application acceptance. Thank you in advance for the reply.
Purpose of Form :
To be used by an Applicant or Petitioner who can file their application/petition at one of the three USCIS Lockbox facilities, and who wishes to receive electronic notification (e-Notification) that their application has been accepted.
So say when you send your I485 package to the lockbox facility and also file G-1145, you will get notification when the application is accepted at the facility.
NSC - EB2I | PD: Sept, 2007 | RD: 03-Nov, 2011 | ND: 08-Nov, 2011 | FP Notice: 10-Dec,2011| FP Done: 30-Dec,2011
EAD/AP(Approval Email): 09-Dec, 2011 | EAD/AP(Physical Card): 15-Dec, 2011
GC(Approval Email): 27-Jan, 2012 | GC(Physical Card): 01-Feb, 2012
Hi,
Is it possible to renew only EAD and not AP while working on EAD and use H1B for travel and reentry?
Why would you not want to use AP for travelling?
As per my attorney and per my understanding reentry using h1 is far more easy then AP.
Please help if my understanding is wrong.
Druvraj
i think that the process of entry itself is no more or less easy on AP vs H1. But I think what the lawyer means is - use H1 rather than EAD to maintain your status in the US. H1 ensures continuinty in your stay in the event of 485 denial which the EAD doesn't.
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
Greetings All,
Seeking some advice, if someone can help
My EAD/AP will expire on 03/01/2013. I need to visit India urgently from December 15th 2012 to Jan 7th 2013. Can I apply EAD/AP renewal before my trip and enter using existing AP? Or only after re-entry I can apply for EAD/AP renewal? I do not have H1 status any more, as I changed job using EAD.
I am confused because, friends telling that it is necessary to stay in US between the time you apply for EAD/AP combo card, and getting approved.
Thanks in advance
Amitava Basu
Druvraj,
You are planning to renew your EAD anyways. Why not renew AP as well? When you actually re-enter the US again, you will have a choice to either use your valid H1 (duly stamped) OR your AP.
From this forum, I understand that using your AP does not automatically switch you to EAD mode as far as the "employment status" is concerned.
I have not used AP for re-entry as yet, so I am not the best person to comment. However, if you are worried about the delay at the airport because of AP, then I feel that that delay beats the hell out of the stamping process for H1B.
If you do not have to stamp your H1 before you come back, you could use H1B at the port of entry. I would suggest get AP renewed regardless.
Good luck !
Last edited by pdfeb09; 11-29-2012 at 12:49 PM.
Could someone please validate this?
My renewal is in process at NSC (RD:10/25, ND:10/29). My EAD/AP expires on 01/25.
I am going out of country from 12/29-01/04. My attorney said I should get the EAD renewal before I leave. If I don't, as long as I have a valid EAD/AP and the renewal receipt notice, I should be in good shape..Could someone please confirm, what the actual rule is?
Secondly, any ideas about the processing times for EAD/AP renewals at NSC and TSC??
Last edited by ChampU; 11-29-2012 at 02:04 PM. Reason: Added question
Apparently, you can leave the country while your application is pending, as long as the biometrics have been obtained. You have to be in the country when you file the I-131.
http://www.uscis.gov/USCIS/Resources/B5en.pdf
"If I file Form I-131 to get a reentry permit while I am in
the United States, will USCIS deny the Form I-131 if I
leave the United States while the form is still pending?
We recommend that you file Form I-131 while you are in the United States. However, you do not have to be in the United States for USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics have been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a
U.S. Embassy, or consulate, or a DHS office overseas, so you can pick it up from one of those facilities."
I guess my question is answered.. but I am interested to know the advice you received from your respective attorneys.. because if there is even a shadow of doubt, I will cancel/postpone my trip.. Don't want to risk it, when we are this close to the big prize..
That's true about AP. Not true about ead.
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
Q,
I am not sure, if I understand you correctly.
Are you saying that he cannot travel while his EAD/AP renewal is in process or is that because he is >120 days from his EAD/AP expiration? Also, I am not aware about different rules for EAD/AP renewal.. Could you please share the information?
Champu
Ead by itself has no such requirement. The requirement is really on AP that while u apply for AP u be here in us. Also u may be right that u don't have to wait until decision comes on AP application.
does that make it clear.
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
Check this link from USCIS
http://www.uscis.gov/files/nativedoc...ILA_2Apr08.pdf
IN page 16 it makes clear that you can travel on AP that is valid, even if your new AP is pending adjudication
"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."
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