EAD/AP expiration and being abroad

D

Denebolina

Registered Users (C)
Background:
-I currently outside of the US.
My current status in the US is Adjustment of Status (AOS) and I have:
-An EAD card that expires on September 23rd 2008
-An Advanced Parole document that expires on September 18, 2008
-(I also have an H1-B visa stamped on my passpart that is valid until 2009 but I do not believe I can use that any more due to change of employer)
-I am a dependent on my husband's I-485 application
-I will apply for a renewal of both EAD/AP on July 1st.


Questions:
Scenario 1
I stay outside the US and I wait for the renewal of the EAD card and AP. If they do not arrive before the above expiration dates:
(1) will I be considered out of status since I will be outside the US with no valid visa/EAD?
(2)Will my I-485/AOS application be considered abandoned?
(3)will I be denied entry the next time I try to travel to the US because I have been out of status?

Scenario 2
I move back to the US and I wait there for the EAD/AP.
(4)Do I have to be mindful of any timing issues with respect to the expiration dates? Namely, if I travel to the US only days before the AP expires, will I be denied entry because the AP validity is only a couple of days?
(5) What if I travel back within a month of AP expiration? two months?

Thanks!
 
Denebolina said:
Questions:
(1) will I be considered out of status since I will be outside the US with no valid visa/EAD? EAD has nothing to do with being in country or not or even has no EAD at all, EAD is an optional for those who want to work with it. If you have pending I-485 and valid AP and you return back before its expiration, you will be in good shape with no problem to your pending GC
(2)Will my I-485/AOS application be considered abandoned? No, If you have valid AP then you will be fine as I mentioned
(3)will I be denied entry the next time I try to travel to the US because I have been out of status? NOOOOOOOOOOOOOOOOOOOO

Scenario 2
I move back to the US and I wait there for the EAD/AP.
(4)Do I have to be mindful of any timing issues with respect to the expiration dates? Namely, if I travel to the US only days before the AP expires, will I be denied entry because the AP validity is only a couple of days? AP is issued for reentry till the last day of its validity. If you came few minutes before 12:00 AM in the last day of your AP you will be fine for reentry if every thing else is good
(5) What if I travel back within a month of AP expiration? two months? I told you, you just repeat your questions over and over. just come back before its expiration

Thanks!
Click to expand...

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Denebolina said:
Scenario 1
I stay outside the US and I wait for the renewal of the EAD card and AP. If they do not arrive before the above expiration dates:
Click to expand...

Even if your new advanced parole DOES arrive before the expiration date of the old one, you cannot use it to return to the US, because you were not in the US when you applied for it and you were not in the US when it was approved. You can only return to the US with the Advanced Parole document you had in hand when you left the US. You cannot have a new one sent to you and use it to return, that is against USCIS rules. So whatever happens to your new AP document and regardless of when it is issued, you need to return to the US before your current one expires (the one you traveled on).

As mmed said, any discussion of your EAD is irrelevant to your situation.
 
Thanks for your responses.

I was asking about EAD because I do work. The question there was if my EAD card expires and I am outside the US (so I can't get an interim EAD) then in theory I lose the priviledge of being able to go back to US and work so I will need to quit my job abroad and go back to US (??).

In any case, I understand that due to AP I need to go back and wait for the new AP in the US.
 
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About AP, they do not check it when you're traveling outside the US and it is used only when you are entering the US again. So whether someone sent it to me or I carried it with me the last time, they cannot tell the difference. Am i right? I should also say that this is the first time I will be using AP. Last time I was still on H1b.

Secondly, all of my documentation is still going to my current address in the US which has not been changed throughout. I have not received any documentation at an address outside the US.

Does this make any difference in my case?

Thanks again.
 
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Denebolina said:
About AP, they do not check it when you're traveling outside the US and it is used only when you are entering the US again. So whether someone sent it to me or I carried it with me the last time, they cannot tell the difference. Am i right? I should also say that this is the first time I will be using AP. Last time I was still on H1b.

Secondly, all of my documentation is still going to my current address in the US which has not been changed throughout. I have not received any documentation at an address outside the US.

Does this make any difference in my case?

Thanks again.
Click to expand...

They will know what date you left the country though & what date your new AP was approved, so unless your AP is backdated(which there should be no reason for since you are just extending the current one) they will know when they check dates.

This happened to an acquaintence of mine.
 
Thanks Celtic - so what happened to your friend? did they deny him entry into the US at the airport?

RealCanadian - that's true, in general I dont need an EAD if I'm outside US. However, I need one if:
1-I work for a US company and I travel abroad on projects for 2-6 months at a time or
2-If I work for a foreign company and I want to be able to work in the US upon my return
 
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Denebolina said:
About AP, they do not check it when you're traveling outside the US and it is used only when you are entering the US again.
Click to expand...

This is a little-noticed fact, but the airline rep at the check-in counter swipes the machine-readable part of your passport before issuing your boarding pass on your way out of the US. On the way back into the US, the immigration officer also swipes your passport. Don't assume that your departure is not recorded, especially as you surrender your I-94 on the way out for this very reason even if you never show them your AP. They still know the date of departure and can compare it to the AP issue date on your return.
 
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