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  #1 (permalink)  
Old 06-05-2008, 08:43 PM
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Default Is EAD renewal necessary?

Hi,

Both, me and my wife, have EAD and AP. I am still working on H1 and she is not using her EAD (other than to obtain SSN).

We do not see her working for another year or so. I may switch jobs using AC21 and may do so using H1B transfer or EAD.

So here's my question:

1. Can I skip renewing her EAD and renew just mine?

2. Can we renew her EAD as and when we feel the need, which may be later than the expiry date of her current EAD?

I'd appreciate your thoughts on this matter.

Thanks
__________________
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Contributed $350 so far

Labor PD: 28 March 2003
I-140: approved
I-485/EAD/AP: applied on 02 July 2007 and receive receipts on 17th Aug
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  #2 (permalink)  
Old 06-05-2008, 09:33 PM
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Default same question

I am in the similar situation. I think we should be fine not renewing it as long as we don't use it.

Does anyone else has comments on this?
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  #3 (permalink)  
Old 06-05-2008, 10:09 PM
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Default Up to you - if you need

For H4:

USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.

So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.

Last edited by Dhundhun; 06-05-2008 at 10:44 PM.
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  #4 (permalink)  
Old 06-06-2008, 02:11 PM
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Default 485 receipt is proof of AOS

Quote:
Originally Posted by Dhundhun View Post
For H4:

USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.

485 receipt is proof of AOS

So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
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Contributed $350 so far

Labor PD: 28 March 2003
I-140: approved
I-485/EAD/AP: applied on 02 July 2007 and receive receipts on 17th Aug
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  #5 (permalink)  
Old 06-06-2008, 02:48 PM
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Default

Quote:
Originally Posted by pune_guy View Post
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
Now EAD will be required, when you need to renew Driving License (or State ID). If H4 spouse is not driving and State ID is also not required (passport is OK as ID) then I don't see any reason for EAD.

First EAD was also not required. I did not get this done for my wife. Lawyer charged me full money minus $190. For stimulus package SSN was required, so I requested Lawyer to file EAD and I was asked $840.

I did e-filing to get EAD, then to SSA for getting SSN and then Tax Return.

Note: Based on personal experiences, if you can easily part away $340, keep on getting EAD renewed even if not required. In foreign land, who knows what is required in future - Stimulus package mishap is an example of this. A lot money is wasted in life - this may be also wasted.


I485 receipt is not proof accepted in places like DMV or SSA. I think, nowhere it is accepted except in USCIS.

Last edited by Dhundhun; 06-06-2008 at 04:48 PM.
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  #6 (permalink)  
Old 06-06-2008, 03:45 PM
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Default Pay one last time

hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.
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  #7 (permalink)  
Old 06-06-2008, 05:20 PM
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Default EAD and AP fee: Once only?

Are you sure that one need not pay for EAD and AP after paying the higher fee once? Could you please tell me where did you see this information. It is mentioned at USCIS website that if you had paid the new fee for I-485, you don't have to pay a fee for EAD or AP, otherwise the fee for EAD is $340 and for AP it is $305.


Quote:
Originally Posted by razis123 View Post
hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.
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  #8 (permalink)  
Old 06-06-2008, 05:38 PM
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nashim will become famous soon enough
Default

I am in the similar situation but we never know when and what documents are needed since every day immigration law is changing, keeping that in mind, I renewed mine and my spouse’s EAD
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  #9 (permalink)  
Old 06-06-2008, 05:42 PM
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Default

Quote:
Originally Posted by razis123 View Post
hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.
I believe unless you filed I-485 under the revised fee structure last year, you need to pay for EAD and AP renewal every time you have to renew.
__________________
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I-140 Approved (PP): 06/14/2007 by TSC
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New EB2 I-140 Approved: 12/5/2011 (TSC)
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  #10 (permalink)  
Old 06-06-2008, 05:56 PM
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caliducas is on a distinguished road
Default

Quote:
Originally Posted by sparky_jones View Post
I believe unless you filed I-485 under the revised fee structure last year, you need to pay for EAD and AP renewal every time you have to renew.
I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.
__________________
/////////////////////////////////////////////////////
EB3 ROW - Nebraska SC
PD: 10/2006
LC: 10/2006
140: RD: 01/25/07; LUD: 02/01/07; AD: 10/15/07
485 (self and spouse): RD: 07/03/2007; RN: 09/10/07; LUD: 09/12/07
765, EAD(self and spouse): RD: 07/03/2007; AD: 09/27/07
131, AP (self and spouse): RD: 07/03/2007; RN: 09/10/07; LUD: 09/12/07
FP Appointment (self and spouse): 10/17/07 @ 12:00pm.
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  #11 (permalink)  
Old 06-06-2008, 06:15 PM
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webm will become famous soon enough
Default

Quote:
Originally Posted by sparky_jones View Post
I believe unless you filed I-485 under the revised fee structure last year, you need to pay for EAD and AP renewal every time you have to renew.
This is true..
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  #12 (permalink)  
Old 06-06-2008, 06:16 PM
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Default

We are interested in knowing the source of this rule!
If you pay the new fee for EAD or AP, there is no mention that you won't have to pay again for EAD or AP. You don't have to pay for EAD and/or AP if you had paid new fee for I-485.

Quote:
Originally Posted by caliducas View Post
I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.
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  #13 (permalink)  
Old 06-06-2008, 06:19 PM
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caliducas is on a distinguished road
Default

Quote:
Originally Posted by redgreen View Post
We are interested in knowing the source of this rule!
If you pay the new fee for EAD or AP, there is no mention that you won't have to pay again for EAD or AP. You don't have to pay for EAD and/or AP if you had paid new fee for I-485.
To be honest, I have no idea. That's what my attorney told me. I hope she's right then.
__________________
/////////////////////////////////////////////////////
EB3 ROW - Nebraska SC
PD: 10/2006
LC: 10/2006
140: RD: 01/25/07; LUD: 02/01/07; AD: 10/15/07
485 (self and spouse): RD: 07/03/2007; RN: 09/10/07; LUD: 09/12/07
765, EAD(self and spouse): RD: 07/03/2007; AD: 09/27/07
131, AP (self and spouse): RD: 07/03/2007; RN: 09/10/07; LUD: 09/12/07
FP Appointment (self and spouse): 10/17/07 @ 12:00pm.
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