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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #1 (permalink)  
Old 07-22-2009, 06:38 PM
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GotFreedom? is a jewel in the rough GotFreedom? is a jewel in the rough GotFreedom? is a jewel in the rough GotFreedom? is a jewel in the rough
Default Is Maintaining a valid AP mandatory?

Hi guys,

I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.

I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?

I am still working on H1 and she is a parolee.

Thanks in advance fopr the responses.
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  #2 (permalink)  
Old 07-22-2009, 06:40 PM
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No

Quote:
Originally Posted by gotfreedom? View Post
hi guys,

i bet this question must have been asked before but i couldn't find the relevant thread so i'm asking again. Apologies if its a repeat.

I am maintaining my h1-b while my aos is pending. Last year my wife went to india while she had valid h4 (not stamped in passport) and ap documents. She did not get her visa stamped and reentered the country using the ap with no issues. He i-94 said parolled till some date, march 2009. I totally forgot about it and never renewed her ap or mine. Does it pose any kind of threat to her legal status in the us and aos?

I am still working on h1 and she is a parolee.

Thanks in advance fopr the responses.
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  #3 (permalink)  
Old 07-22-2009, 08:26 PM
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Default

We have the same case. Our AP's (mine, my wife's and daughter's) are expiring next month. Fortunately, I have a close friend and an immigration attorney.

He said that it is not mandatory to renew the APs. Unless to you wanted to travel outside of the US, then you will need to renew your APs. If they are expired, you need to apply for a new one.

Three of us are paroled.

He also explained that it will not affect your AOS.

I hope I was able to help you.

FYI--this was the explaination of my immigration attorney. I am not an immigration attorney myself.

Goodluck
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  #4 (permalink)  
Old 07-22-2009, 08:44 PM
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Default No

No, not at all.. It is just a safety net, which one can use if they switch to EAD i.e. use AC21.
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  #5 (permalink)  
Old 07-23-2009, 10:54 AM
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Default Nope...

AP is not a status, it is just a travel authorization. So, you may let it expire and then when you need it again, you apply for a new one, to be used for re-entry to the US.

Hope this helps!

Quote:
Originally Posted by GotFreedom? View Post
Hi guys,

I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.

I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?

I am still working on H1 and she is a parolee.

Thanks in advance fopr the responses.
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  #6 (permalink)  
Old 07-23-2009, 11:09 AM
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Default

as folks mentioned above it is totally ok to not renew AP...do it if u travellin in the next few months...

on a side note...do people here know the average time it is takin to renew AP nowdays....TSC......paper and/or electronic..?

I had put in EAD renewal at TSC and got the approved EAD in hand within a month ...that was really good speed...anyone has info on AP approval timelines???
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  #7 (permalink)  
Old 07-23-2009, 11:48 AM
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Default

Thank you for all the responses.

One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?

How does one prove the legal status in the country?
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  #8 (permalink)  
Old 07-23-2009, 12:02 PM
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Default My response...

is in RED.

Quote:
Originally Posted by GotFreedom? View Post
Thank you for all the responses.

One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?
Not much, really!

How does one prove the legal status in the country?
Since your wife entered the US by showing AP, her legal status is "Pending AOS" and the proof is the USCIS receipt notice of I-485 that you filed for her!
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  #9 (permalink)  
Old 07-23-2009, 12:22 PM
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Default

Quote:
Originally Posted by sundeep14 View Post
as folks mentioned above it is totally ok to not renew AP...do it if u travellin in the next few months...

on a side note...do people here know the average time it is takin to renew AP nowdays....TSC......paper and/or electronic..?

I had put in EAD renewal at TSC and got the approved EAD in hand within a month ...that was really good speed...anyone has info on AP approval timelines???
My AP got approved in about a month. I applied some time between 7-10 of last month and I got it on 10th of this month.
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  #10 (permalink)  
Old 07-23-2009, 01:16 PM
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Default

Don't mean to hijack this thread but since my question is related to AP renewal I thought I would. OP if you have problem with this question, let me know and I will delete this post.

I will be applying for AP renewal online for myself and my wife. This will be our 3rd AP (2nd renewal). The only problem is we never received the I-485 physical receipt (we know the LIN no. as well as A#) for her. So far my attorney had been filing the renewals but this time I want to save money and do it myself. I think its kind of stupid to pay 600-800 to attorney for such a simple task.

Has anyone been in this situation? Can anyone suggest, what other document we could use such as copy of prior APs, EADs, FP notices etc?
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  #11 (permalink)  
Old 07-23-2009, 02:55 PM
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Default Ap & ead

AP expiry doesn't mean out of status. If paroled into US and the I-485 is in process means no problem.
But if you are on EAD and not renewed EAD means, you can't work till you have received a new EAD.

AP need only going abroad. IT IS BETTER TO HAVE IN HAND, FOR USING AN EMERGENCY TRAVEL.
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  #12 (permalink)  
Old 07-24-2009, 01:12 PM
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I have question Need Urgent reply

I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial

my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
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  #13 (permalink)  
Old 07-24-2009, 01:32 PM
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Default Hmm...

Did you say your H1 was valid till Feb 2009? In that case, at this point, you are out of status.

Quote:
Originally Posted by suren26 View Post
I have question Need Urgent reply

I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial

my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
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  #14 (permalink)  
Old 07-24-2009, 01:40 PM
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Thank for reply.
I am Sorry, it was typo it is valid till FEB 2010. But does it make me legal to stay here event if my I140 amd I 485 is denied and appealed
Received the I140 appeal receipt waiting for I485 appeal receipt

Last edited by suren26; 07-24-2009 at 01:45 PM.
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  #15 (permalink)  
Old 07-24-2009, 01:44 PM
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Default Mtr

If your appeal for I-140 & I-485 in process, you are legal, and if you have unexpired EAD, you can work.

If you have H1 renewed (less than 6 years) you can work irrespective of I-485 appeal result. If you are more than 6 years in H1B, you have to go back, if your appeal (MTR) is denied. (more than 6 years of extension is based on approved I-140)
WHAT IS YOUR LAWYER'S OPINION ???
Quote:
Originally Posted by suren26 View Post
I have question Need Urgent reply

I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial

my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
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I am not a lawyer. This is my personal opinion.
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