140 RFE EAD, AP on hold, can I apply for iAP

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hate140delay

Registered Users (C)
I applied for 140 in Aug 2003, I had an RFE on Dec 03 on 140, so my EAD, AP are not approved. can I apply for iAP(if there is such a thing)? I needed to go out of the country, can I go to the local USCIS office and ask for AP like iEAD?
 
hate140delay said:
I applied for 140 in Aug 2003, I had an RFE on Dec 03 on 140, so my EAD, AP are not approved. can I apply for iAP(if there is such a thing)? I needed to go out of the country, can I go to the local USCIS office and ask for AP like iEAD?
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There is something like an iAP -- its called Emergency AP.

Its issued by the local office ... BUT its strictly reserved for real emergencies (like a close family member that is very sick back home).
They are fairly strict about this policy .... you can try your luck - but unless you have a documented emergency, your chances are not so good.

BTW, how did you know that your EAD and AP is "on hold" ?? Did you call/fax a status inquiry or something ?
 
Thanks for the info. There is no emergency, but is there any harm in trying? would that deny my original application?
Its been more than 440 days since I have applied for EAD and AP (sent 2 inquiries) but its not approved, so I am assuming it is on hold because of concurrent processing and 140 RFE.
 
hate140delay said:
Thanks for the info. There is no emergency, but is there any harm in trying? would that deny my original application?
Its been more than 440 days since I have applied for EAD and AP (sent 2 inquiries) but its not approved, so I am assuming it is on hold because of concurrent processing and 140 RFE.
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Absolutely no harm in trying.
It will not cancel your original app.

I didn't know your dates ... 440 days is ridiculous for EAD/AP ... I assumed you are on your 2nd EAD/AP -didn't even think that your original EAD/AP is taking this long !!
You should probably do more than just walk to the local office -- did you try contacting senator/congressman -- I mean there is a lot of hardship for you (if you don't have a non-immgrant visa stamp, then travel is imparied w/o AP)......

your wait is way more than reasonable ... so your RFE reply contained all the docs reqd for ability to pay - correct ? And you also sent in the Educational evaluation (required if your degree was not from a US school) - right ?

I wish you luck - you need it.
 
Status if we dont EAD in time ?

Can any one help me with this?
My H1 visa will expire on Feb 15 2005 and I am applying for EAD and AP in this week.
My i-140 and i-485 have been applied on April 22 2004 , they haven’t been approved yet .
My wife is on H4 her visa and I-94 will expire on feb 15 2005.
She will be applying for her I-485 ,EAD and AP this week too.

What will be our status if we don’t get our EAD by Feb 15th ?
Do we need to apply for H1 extension and H4 extension respectively ?
NSC

Any help is greatly appreciated, Thanks in advance
 
max2k1 said:
Absolutely no harm in trying.
It will not cancel your original app.

I didn't know your dates ... 440 days is ridiculous for EAD/AP ... I assumed you are on your 2nd EAD/AP -didn't even think that your original EAD/AP is taking this long !!
You should probably do more than just walk to the local office -- did you try contacting senator/congressman -- I mean there is a lot of hardship for you (if you don't have a non-immgrant visa stamp, then travel is imparied w/o AP)......
I have started an inquiry using a congressman. Let's see how that goes
your wait is way more than reasonable ... so your RFE reply contained all the docs reqd for ability to pay - correct ? And you also sent in the Educational evaluation (required if your degree was not from a US school) - right ?
For Ability to pay they specifically asked companies 2002 tax statements and for degree they asked for degree certificate. So we just sent those, I argued with my lawyer to send more, but his reply was to just send whatever USCIS asks for.
I wish you luck - you need it.
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Thanks for your help
 
lina_hc said:
Can any one help me with this?
My H1 visa will expire on Feb 15 2005 and I am applying for EAD and AP in this week.
My i-140 and i-485 have been applied on April 22 2004 , they haven’t been approved yet .
My wife is on H4 her visa and I-94 will expire on feb 15 2005.
She will be applying for her I-485 ,EAD and AP this week too.

What will be our status if we don’t get our EAD by Feb 15th ?
Do we need to apply for H1 extension and H4 extension respectively ?
NSC

Any help is greatly appreciated, Thanks in advance
Click to expand...
I am going through the same issue (although I have not got my EAD yet), my lawyer is asking me to go for iEAD, which you can walk in to the local office and ask for it, if the current date has passed 90 days since the EAD RD. However I am not too convinced to go on iEAD, since my 140 is not approved yet, so I will file for an H1 extension. The reason is that if you go on EAD, and you have passed the H1 expiration, and now your 140 gets rejected, you are out of status immediately, and will have to leave the country ASAP. However if you have H1 extended, you can stay till the end of the extension, and so you have more options. You (or your employer) will have to spend money for h1 extension, but I think it is worth it.
 
Finally my 140 got approved (11/16/04). However my EAD and AP which were on hold because of 140, are yet pending.
What should I do to get those approved? I have already sent 2 inquiries in, sent an inquiry via Congressman.
Should I apply for a new set of EAD and AP?
 
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