EAD and AP on hold

H

hate140delay

Registered Users (C)
I had posted this question on EAD and AP forum, but did not get any response, so I am posting it here.
I have a concurrent application and my EAD and AP were on hold as I had an RFE on my 140. Since then my 140 has been approved, however the EAD and AP are not yet approved. I want to go out of the country in Jan 2005.
My H1 is nearing its 6year limit, I could travel on H1, but I have read on murthy.com that if the 485 is pending you should always travel on AP, even if you have a valid H1.
What should I do for the current AP (I have sent in 2 inquiries already)? Apply for a new AP? Is there any other option?
 
I think if you have maintained your visa status (H1b) and you still have your visa, you can go to India and come back using your H1 (ofcourse, you need to get it stamped in your passport and your visa is not expired). You don't require AP for this purpose. AP is a rentry permit. If you don't have a visa to enter, you need to have AP.

Go to local USCIS office and try for interim EAD, explain your problem, probably they will help you. Take the I-140 approval notice with you when you go to USCIS office.

Please note that this is just my suggestion and check with other gurus before taking any decision.
 
reagrding EAD, if its 90 days passed, u can walk in to your local INS office and get it.. you may also enquire about AP there.. but if u have a valid H1, better to come back on that instead on AP. AP is for emergency purpose when ur H1 is expired. remember to carry receipt of 485,EAD and AP
 
unitednations said:
After my 140 got approved, my ead/ap was re-opened and they seem to have processed it a couple of weeks later. It takes them a little time to recall it from archives. Eventually, they sent another RFE and after two months of the 140 approval I had the EAD and AP in hand.

Regarding your immediate issue of travelling to India. Most people are getting confused with Murthy's posting. If you have h-1 with a visa stamp then it won't be much of a problem coming back to USA.

However, if you don't have a visa stamp and the 485 gets approved and you have to go to consulate to get the visa stamp, they may object to giving it if your 485 has been approved.
Click to expand...
UN,
Your case was pretty similar to mine then. Hopefully my files will be reopened again. BTW how do you know I have to travel to India :) you got it right though. The problem is that the visa stamp on my passport has expired, and I don't want to go through the consulate hassle. So in this case, I will have to travel on AP, because of what you said in the last paragraph.

Can I reapply for AP? or I will have to wait for my current AP to be cleared?
 
Last edited by a moderator:
UN,
As they say in Hindi "Aap ke mooh me ghee shakar". I just got an approval of my EAD and AP. Looks like my case is a replica of yours. Did you file for 485? Is it approved? I am guessing the CIS gods will be similar in adjudicating the case.
Also, since the EAD and AP is approved I am guessing the IBIS check has cleared. Is IBIS same as name check?
Thanks.
 
You must log in or register to reply here.
Top