AP and EAD

cody

Registered Users (C)
I have a AP and EAD approved Based on I 485 (National interest waiver).

I have a second I485 (based on LC) last week.

Can I still travel on AP (NIW I 485), even though I have new I485 petition(LC)

will the I 485 (LC ) void my previous I 485(NIW) and hence my AP and EAD.

Do i need to apply for a new AP and EAD.

I have not changed my job or employer.

please reply, thank you
 
I have a AP and EAD approved Based on I 485 (National interest waiver).

I have a second I485 (based on LC) last week.
---- Do you mean you filed second I-485 last week? If you filed second I-485 it means you have two I-485 pending at this time one based on NIW and other based on LC
Can I still travel on AP (NIW I 485), even though I have new I485 petition (LC)
----- YES, as your NIW I-485 is pending you can get AP based on that I-485, if you have approved AP based on NIW I-485 you can use that AP to come back to US before the AP expires. FYI you can also get AP based on new I-485 that you filed based on LC. You have the choice of applying for EAD, AP on the base of any pending I-485
will the I 485 (LC ) void my previous I 485(NIW) and hence my AP and EAD.
--------NO
Do I need to apply for a new AP and EAD.
IF your NIW I-485 is still pending and you have AP based on that I-485 no need to apply new AP but by law you can also get AP, EAD based on new I-485 if you wish.

---- You can have AP EAD based on any pendingI-485, you can have two EAD and two AP based on different I-485 but it will be wastage of money to file two EAD or two AP because any EAD AP based on any pending I-485 is valid.

I have not changed my job or employer.
---- No problem.
** Just keep the copy of I-485 filing receipt and if you use AP based on NIW I-485 and if POE officer asks for I-485 receipt.
If you use AP based on LC I-485 then keep the I-485 filing receipt that has base of I-485 that is based on LC and you are using AP based on LC I-485 (generally POE inspector don’t ask the copy of pending I-485 receipt)
 
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