I485 AOS with EAD/AP application and upcoming travel with expired visas

[bclara]

Hi,

I am EB2 India applicant with priority date of Dec 2010. I am on H1B status and wife on H4 status, both valid till 2018. Also my wife has pending I765 EAD application (filed Jun 2015) pursuant to my approved I140.

With recent October visa bulletin, we are able to apply for I485.

I have few questions as I have some India travel coming shortly with my wife leaving in Nov and returning in March 2016 and I travelling to India in March 2016 as well.

 

1) Our visas in passport are expired and I would like to get them stamped and return back in H1 and H4 status. Could pending I485 AOS application with I765 EAD and I131 AP create problems when going for restamping?

 

2) Should we be even applying for I131 Reentry permit/AP given that we have upcoming travel and we may not get AP approval back in time? As I said I would want to enter in H1B/H4 status if possible.

 

3) Do I need to apply for I765 EAD with I485 again for my wife given that she already has pending I765 application based on my approved I140?

 

4) Can a person still maintain H1B status (H1B approval till 2018) even when applying for EAD I765 along with I485 and assuming EAD is granted?

[bclara]

Please advice if people ran into such scenarios. Excuse me if questions are basic but this is new step

[Ricky27]

Hi,

1) Our visas in passport are expired and I would like to get them stamped and return back in H1 and H4 status. Could pending I485 AOS application with I765 EAD and I131 AP create problems when going for restamping?

No problems should arise normally.

3) Do I need to apply for I765 EAD with I485 again for my wife given that she already has pending I765 application based on my approved I140? - NO

4) Can a person still maintain H1B status (H1B approval till 2018) even when applying for EAD I765 along with I485 and assuming EAD is granted? - Yes