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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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  #1 (permalink)  
Old 11-25-2007, 09:01 PM
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Default Using EAD/AP for spouse on H1

Hi,

Can somebody please help me with an advise.

I am on H1B visa now (I haven't got that stamped yet). I got married in US and we both applied for I-485 (my husband being primary applicant). I got my EAD and AP now. The receipt date is in July and the notice date is in September. We are planning to go to India in Feb 2008. The question we have now is does the 180 day waiting period, to use the EAD apply for me (secondary applicant) also?. If so is it the reciept date or the notice date from which the 180 day period starts?

Thank you!!!
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  #2 (permalink)  
Old 11-25-2007, 09:07 PM
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gcfighter: you are a seconday applicant, only primary applicants required to wait for 180 days from the receipt date to invoke AC21. You can use your EAD at time you want.
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  #3 (permalink)  
Old 11-25-2007, 09:49 PM
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Thanks a lot for the quick reply, wandmaker. Also, I want to continue with the same employer whom I am with right now. Do I need to invoke AC21 or is there any other form that I need to submit to my current employer changing my status from h1 to EAD?
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Old 11-25-2007, 09:58 PM
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Quote:
Originally Posted by gcfighter View Post
Thanks a lot for the quick reply, wandmaker. Also, I want to continue with the same employer whom I am with right now. Do I need to invoke AC21 or is there any other form that I need to submit to my current employer changing my status from h1 to EAD?
BTW, you dont invoke AC21, only primary applicant will do that, if s/he changes the employment. You fill out a new I-9 form, submit it to your employer with a copy of your EAD - You are all set to go, remember to renew your EAD timely every year!
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Old 11-25-2007, 10:01 PM
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Thanks once again for the quick reply, Wandmaker. I think I got all my Q's answered. Appreciate your fast response. Thanks a bunch!!!
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Old 11-26-2007, 02:02 AM
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If you use AP to come back into the country, it is recommended to use EAD.
Do you need EAD Approved also before you leave the country?
I guess the answer is NO.
In our situation, my wife is planning to use the AP to get back into USA. Currently on a H1 that expires on Jan 04, 2008.
Planning to enter USA on Dec 27th. If she shows AP at the port and they notice H1 visa is about to expire, they might ask her how she intends to keep working. If she says USING EAD, then would they not ask her to show EAD Card?
Currently she has AP Approved, Ead is not approved yet.

Last edited by amitjoey; 11-26-2007 at 02:06 AM.
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Old 11-26-2007, 04:18 AM
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amitjoey: You guessed it right. If you re-enter using AP, you don't need your EAD while you re-enter but you will have to have it on hand before start working.
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