EAD renewal and travel to India

[krishna.namili@gmail.com]

My EAD and AP expire in 1st week of March 2013. I am planning to go to India and return by end of Dec 2012. I have 2 months to apply for EAD renewal before it expires.

Request you to let me know if 2 months is sufficient time for getting EAD renewed. What happens if I dont get EAD renewal on time? Will I be out of status?

Please help me answer these questions.

Thanks,

Krishna

[Nivas]

Do you still have your H1B just in case if you don't get EAD approval you can continue to work under H1B? If not then 2 months is not enough. If the EAD is the only thing that you have that makes you eligible to work I suggest you file for EAD exactly 120 days before the current one expires. USCIS current processing times for EAD is 90 days ( some people get in a month and some don't ) You can't even expedite the petition if is not at least 90 days since you filed. If you enter using AP your status will be paroled and you will be in that status until your 485 approved but you sure can't work without a valid EAD or H1B. Look at the thread I posted with a caption "EAD trouble " and then you will see what happened to my EAD even I filed 4 months before the current one expires. I'm glad I still have my H1B , without that I'll be out of job in 4 days from today... Bad things happen to good people.. so be cautious

[krishna.namili@gmail.com]

Thanks for the replies. I have my H1B and it is valid until Jan 2014. I thought my H1B becomes invalid after I enter the country again using AP. My visa expired and I will have to go for stamping if I want to enter with H1B.

Is it ok if I apply for EAD and travel to India even though my application is still pending or should I be in US and not travel when my EAD application is pending. Request you to help answer my questions.

Thanks.

[Nivas]

Traveling on AP doesn't invalidate the H1 even if you don't have a valid H1B Visa Stamp. Google for Cronin's memo and you will find all the information. Also you cannot apply for EAD unless it is 120 days or less before the current one expires. Here is a Q&A that answers H1B status for paroled AOS applicants. Where it is says final rule, that final rule hasn't been published yet.

4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the United States via advance parole, the alien is accordingly in parole status. How does the interim rule affect that alien's employment authorization?

A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and unexpired nonimmigrant employment authorization ...is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends to clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule.

[krishna.namili@gmail.com]

I am planning to apply for EAD and leave to India after USICS receives my application since it is ok to travel while EAD application is pending. I will be back on AP and if there is any problem with my EAD then I can always use my H1B. Thanks everyone for clarifying.

[chand2011dec]

Hi

My wife received her EAD/AP in FEB 2012 as my dependent applicant of my I-485.

Her EAD/AP will expire in Feb 23 2013 and we are planning to go to India for 8 weeks from Nov 24-Jan 21st,so my question is While applying EAD/AP Are we required to be physical present in the USA?We should apply for renewal only before 120 days of cuurent one expires,so we can apply EAD/AP after we came back from vacation,but my wife started job in September and took off for 2months vacation and wants to continue her job after vacation,so in that situation,if her EAD is not approved with in 30days then she should stop her work until she receive new EAD card right,so to avoid that can we apply renewal of EAD/AP, and get renewal receipts from USICS and leave the country?Is it Possible?

and finally Is it separate renewal of EAD/AP is possible for Combo card (EAD/AP) holders?

anybody Please help me to answer the above questions.