Possibility on re-entering to USA on EAD when I-485 is pending/approved

[luck2u]

Need suggestion/advise...here is the situation...

 

Currently on EAD with validity till Apr'2015, planning to go out of country next month and return in Dec'2014. If my priority date becomes current, can my primary (as I am dependent) applicant file I-485 for both of us even I'm out of USA. If so, can I re-enter to USA on my EAD?

 

Fyi, I'm planning to complete medical exams before I leave USA next month as it will be valid for one year which my spouse can submit if our priority date becomes current at the time I'm out of USA.

 

[pontevecchio]

No. You can enter the USA with AP in that case and then file AOS.

[luck2u]

@pontevecchio: Thanks for your response!! So, you suggest to not file I-485 by primary applicant for dependent and apply only for primary applicant, right? Pls confirm.

 

I heard that if we are out of USA we have to file thru Consular Processing, is that really needed when out of country?

[pontevecchio]

You can return on short notice and file the AOS when you are here. CP will add a few more months of wait and if not already setup may be affected by retrogression in some cases. Since the PD is valid for the next month after the Visa bulletin PD you have time to return and file.

[luck2u]

Thanks for your quick turnover!