Ariean Posted September 30, 2014 Report Share Posted September 30, 2014 My wife's EAD/AP Combo card is expiring on 17th Mar 2015, would it be okay if she leaves the country now and i take care of the extension and send the new extended card or document to her via mail in India to let her comeback to USA using the new EAD/AP card/document? Appreciate your responses. Thank you Link to comment
itsmeusa Posted September 30, 2014 Report Share Posted September 30, 2014 EAD extension could be filed when the person is not in US. However to file AP extension, here is what USCIS says: 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. Link to comment
omshiv Posted September 30, 2014 Report Share Posted September 30, 2014 No...she has to be here when renewing EAD/AP. Link to comment
JoeF Posted September 30, 2014 Report Share Posted September 30, 2014 She needs to be in the US for filing an extension. Link to comment
Ariean Posted October 1, 2014 Author Report Share Posted October 1, 2014 If she comes back to US 3 days before her EAD/AP expires and then files for extension 1 month later or in few days after EAD/AP expires, would that be considered as out of status? Thank you for your responses. Link to comment
itsmeusa Posted October 1, 2014 Report Share Posted October 1, 2014 No issues, EAD - employment authorization and AP - travel document. As long as her I-485 is pending, she is always considered as AOS pending. It's not a status as such, but it's allowed by law to stay in US. Link to comment
omshiv Posted October 1, 2014 Report Share Posted October 1, 2014 No..thats fine...she's under AOS. She does not even need to file EAD/AP in order remain in status..AP is filed only if a person wants to travel. Link to comment
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