What will be the processing times for EAD/ AP?

[madjad]

Hello all,
Now with the dates current for all the EB categories starting in July- what is the anticipated turnaround time for EAD/ AP. We have a family wedding to attend and want to know if it makes sense to apply for EAD or stay in H1 status. The lawyer as usual is non commital. Also if you have a ailing family member and if there is an emergency medical condition do they grant AP in emergencies?
Please help with this query!

We also have filed for I140 - does it make sense to change to Premium processing?

 

[gcaa]

Hello all,
Now with the dates current for all the EB categories starting in July- what is the anticipated turnaround time for EAD/ AP. We have a family wedding to attend and want to know if it makes sense to apply for EAD or stay in H1 status. The lawyer as usual is non commital. Also if you have a ailing family member and if there is an emergency medical condition do they grant AP in emergencies?
Please help with this query!

We also have filed for I140 - does it make sense to change to Premium processing?

If you have H-1 status you can travel without AP. No problem. So if you choose you can travel on H-1 & your family members on H-4 etc. You dont need to have AP.

GC approved: June 07

 

[Jackolantern]

H1 is invalidated when you actually use the EAD for employment or use the AP when re-entering the country, not when you merely apply or get approved for EAD/AP. So when you get the EAD and AP, simply keep them somewhere safe and continue to use the H1.

 

[gcaa]

H1 is invalidated when you actually use the EAD for employment or use the AP when re-entering the country, not when you merely apply or get approved for EAD/AP. So when you get the EAD and AP, simply keep them somewhere safe and continue to use the H1.

Jackolantern is correct. You need to make sure that you dont use EAD & continue on H1. In that case what I said about continuing to travel on H-1 is valid. If you maintain your h-1 status, you do not need AP to travel but for any reason you fail to maintain h-1 due to ead usage etc, you will need AP.

GC approved- June 07

 

[alterego2]

Are you guys certain that when one enters on AP, the H1 is invalidated. I have heard differing opinions on this.
H1 should be valid as long as you remain with the sponsoring employer right?

 

[Rahi khan]

Need feed back pls

I am a single man on H1-B status but no visa stamp. I filled I-485/AP/EAD in this month of June 07 ( priority date got current in June bulletin), Planning to go my home country during after AP approval and before I-485 approval and get married.
Our company lawyer from Fragomen said the following regarding my future usage of EAD and AP:

1) I can travel using AP. I will still be in H1 status as long as I work for the same company. I can get married and apply for H4 visa for my wife right away. This will be the quickest way to bring my wife in U.S and to file AOS for her with amendment of my pending I-485.
2) One looses H1 status once he uses EAD for any reason during I-485 pending period. For example: changing sponsoring employer after 180 days based on AC-21 rule. One does not loose H1 status by using AP only.
3) if my wife does not get H4 visa, Lawer can file for her immigrant visa under "follow to join" law using I-824 once my I-485 gets approved . The marriage will have to take place before my I-485 approval. It will take around a year or little more to bring her this way.
4) If I get married after my I-485 approved and then get married, I will have to apply for my wife under FB catagory and that will take years to bring her in U.S.

Experts, how solid this opinions of my lawyer sound like. Please provide feedback.

Thanks,
Rahi Khan

Are you guys certain that when one enters on AP, the H1 is invalidated. I have heard differing opinions on this.
H1 should be valid as long as you remain with the sponsoring employer right?

 

[StillAlive]

My H1 was renewed after AP has been used twice, I still work on H1 for H1B sponsoring company. If H1 was invalidated after AP use why did they renew my H1 for 3 year based on I-140. Just for the safer side i kept renewing EAD (any way company pays for H1, I don;t need to worry).

But If one wish not renew EAD, they could be just renewing AP for travel and H1 for maintaining dual status along with AOS.

Are you guys certain that when one enters on AP, the H1 is invalidated. I have heard differing opinions on this.
H1 should be valid as long as you remain with the sponsoring employer right?

 

[StillAlive]

That is best judgment as per my knowledge, you should be heading back to your home country right now before crazy USCIS approve your case.

I am a single man on H1-B status but no visa stamp. I filled I-485/AP/EAD in this month of June 07 ( priority date got current in June bulletin), Planning to go my home country during after AP approval and before I-485 approval and get married.
Our company lawyer from Fragomen said the following regarding my future usage of EAD and AP:

1) I can travel using AP. I will still be in H1 status as long as I work for the same company. I can get married and apply for H4 visa for my wife right away. This will be the quickest way to bring my wife in U.S and to file AOS for her with amendment of my pending I-485.
2) One looses H1 status once he uses EAD for any reason during I-485 pending period. For example: changing sponsoring employer after 180 days based on AC-21 rule. One does not loose H1 status by using AP only.
3) if my wife does not get H4 visa, Lawer can file for her immigrant visa under "follow to join" law using I-824 once my I-485 gets approved . The marriage will have to take place before my I-485 approval. It will take around a year or little more to bring her this way.
4) If I get married after my I-485 approved and then get married, I will have to apply for my wife under FB catagory and that will take years to bring her in U.S.

Experts, how solid this opinions of my lawyer sound like. Please provide feedback.

Thanks,
Rahi Khan

 

[Rahi khan]

StillAlive,

I will travel to my home country right after receiving AP approval, get married and back to U.S before I-485 get approved. I think that will work out good unless anything crazy happens.

Rahi Khan
EB3/ROW
PD: September 2004
Labor and I-140: Both approved
I-485/I-131/I-765: Filled on June 15th, 2007 ( no receipts yet)

That is best judgment as per my knowledge, you should be heading back to your home country right now before crazy USCIS approve your case.

 

[madjad]

How long does it typically take though?

How long does it take to get theses documents? EAD and AP?
Any point in premium processing I-140? SOme one also mentioned in other threads that people who file on July 1st will get preference over people filing later. That is not what the lawyer told us. Isn't it supposed to be according to one's PD?
Jackolantern- what is your opinion?

 

[masala dosa]

StillAlive,

I will travel to my home country right after receiving AP approval, get married and back to U.S before I-485 get approved. I think that will work out good unless anything crazy happens.

Rahi Khan
EB3/ROW
PD: September 2004
Labor and I-140: Both approved
I-485/I-131/I-765: Filled on June 15th, 2007 ( no receipts yet)

Rahi
Is right (Fragomen advises us too)., H1 is NOT invalidated if you enter on AP
Relax dude, travel on H1 enter on AP ,. it DOESNT matter.

There are bigger things USCIS is worried abt. These things are useless to worry abt personally.

What is worrisome is someone who has ONLY AP to travel and must leave the country.

 

[DBEC_Labor_Pain]

hmmmm

H1 is invalidated when you actually use the EAD for employment or use the AP when re-entering the country, not when you merely apply or get approved for EAD/AP. So when you get the EAD and AP, simply keep them somewhere safe and continue to use the H1.

Jack - I do not think, using AP to enter into US does invalidate H1. I heard only when EAD is used to switch employer will invalidate H1.

 

[StonedAnt]

My attorney did not say whether travelling on AP will invalidate H1-B but did mention that we should talk about it in case if I am planning to travel abroad. Since I have no such plans, I have not discussed this yet.

About using EAD, I am assuming invalidation will only occur if you switch your currently employer, that is, leave the current one and join a new one, invoke AC21.

Using EAD to say finding a second job (partime) will not affect your current status, is it correct of me to assume that?

Thanks,

Stoned!

 

[clockwork]

H1 is invalidated when you actually use the EAD for employment or use the AP when re-entering the country, not when you merely apply or get approved for EAD/AP. So when you get the EAD and AP, simply keep them somewhere safe and continue to use the H1.

Hi Jackolantern,
What happens if primary continues to use H1B and spouse takes up a job with EAD? What will be status of primary H1B or EAD? Thanks for your clarification.

 

[htcbs]

Same situation

StillAlive,

I will travel to my home country right after receiving AP approval, get married and back to U.S before I-485 get approved. I think that will work out good unless anything crazy happens.

Rahi Khan
EB3/ROW
PD: September 2004
Labor and I-140: Both approved
I-485/I-131/I-765: Filled on June 15th, 2007 ( no receipts yet)

Rahi Khan,
Are you planning to get your H1 stamped use that to re enter? I am in the same situation as you and was advised not to use my AP.

Thanks

 

[Rahi khan]

AP to re-enter

I am on H1-B status with out a visa stamp and advised by my attorney NOT to apply for H1-B stamp as it is not needed. Applying for H1-B visa stamp might complecate things. Just use my AP to re-entry. He even advised not to join my future wife in the embassy interview if I plan to bring her on H-4. Their law firm experienced that they had clients where principal applicant who just had AP and joined with spous for her H-4, Embassy did not issue her H-4 for whatever reason, on the top of it they revoked principal applicant's AP.

Rahi Khan,
Are you planning to get your H1 stamped use that to re enter? I am in the same situation as you and was advised not to use my AP.

Thanks

 

[htcbs]

Use of AP invalidates H1B.

I am on H1-B status with out a visa stamp and advised by my attorney NOT to apply for H1-B stamp as it is not needed. Applying for H1-B visa stamp might complecate things. Just use my AP to re-entry. He even advised not to join my future wife in the embassy interview if I plan to bring her on H-4. Their law firm experienced that they had clients where principal applicant who just had AP and joined with spous for her H-4, Embassy did not issue her H-4 for whatever reason, on the top of it they revoked principal applicant's AP.

Thank you for the reply. I am also on H1B status with out the stamp. I will get married in my home country and use AP to re-enter. I plan to bring her on L1 or B1/B2.
I was told she could not piggy-back on my 485 application if I re-enter on AP as my H1B will not be valid. Is this consistent with what you know?

 

[GreenPiece]

AP creates more hassle than H1

My H1 was renewed after AP has been used twice, I still work on H1 for H1B sponsoring company. If H1 was invalidated after AP use why did they renew my H1 for 3 year based on I-140. Just for the safer side i kept renewing EAD (any way company pays for H1, I don;t need to worry).

But If one wish not renew EAD, they could be just renewing AP for travel and H1 for maintaining dual status along with AOS.

StillAlive:
According to my lawyer entering with an AP is more cumbersome than entering with the H1 stamp, since you already had the experience (or anyone that entered in AP), is that true? do you get pulled from the line when entering?
Since sometimes H1 stamp renewal could take too long (even 6 weeks in certain cases ) I was planning to have AP as a backup plan, but I don't know the implications of leaving a H1 renewal process pending while entering in AP, if the worst scenario happens.

 

[jraghavan]

AP/EAD with Future Employer,H1 with Current Employer

I applied for AOS for Future employer since GC can be used for Future perm employment. I got EAD/AP , but currently works on Valid H1B with no visa stamp. In my case , if i use the AP will i lose the H1 for current compy, I don't have H1 for GC sponsoring Compy but only EAD. I don't intend to join till i get my 485 approval. Should i Need to get H1B stamp.
I thought AP is only for parolling into US and nothing to do with employment. It doesn't matter which status you are in , I'm i right ?

Another question , i want to ask is , till what valid date one would get on I -94 when we use AP. I know if we use H1, we get whatever date specified on the I -129 approval (valid date).

Please suggest.

Thanks!

 

[adekhne]

some clarification...

Here's what I think.
My $0.02

When an H-1 is expired in the passport and an extension has been applied for or approved, one can use AP to travel. There is not limit on the number of trips one can make on his/her AP.
Using the AP DOES NOT INVALIDATE the H-1 status. Such person may continue to work for the sponsoring employer, or any other employer (using AC21).
Just make sure that when you, and if you, switch employers, the sponsoring employer does not revoke your application, or that 180 days have passed since the receipt date of the AOS application.

On EAD, if you choose to use EAD for a job, it does not necessarily invalidate the H-1 either. Here's the only case when such a thing happens.
Let's assume that one were to take up another job like bartending on an EAD WHILE maintaining H-1 status per the AOS application, the EAD can be used for the other job (use for I-9 for employment), and H-1 status will not be affected as long as the employment rules per AOS application are followed.

When one leaves the sponsoring H-1 employer and does not get another H-1 (using AC21 after 180 days), but instead chooses to use EAD for employment, only then will the H-1 status be considered INVALID.

If one uses AP to enter the US, the validity on the new I-94 will be the last date on the AP. Just like H-1, you may have an expired I-94 as long as you have a valid AP document.