Apply EAD and AP renewal while out of US?

[c_rahul]

Hi,

I am on H-1 satus pending AOS(485).
I would be out of the US Nov 03 2004 to Dec 03 2004 on vacation. I will re-enter on AP status. My current EAD and AP expires Feb 28, 2005.

I am trying to plan when to reapply for EAD and AP, whether to do it before, during or after the vacation. Issues:

+If I ask US Post Office to hold my mail while I am on vacation, will INS receipts, approvals etc. be held at local post office or returned to INS?

+Is it legal to apply for EAD renewal while you are out of the US. I think yes, gurus please confirm.

+Is it legal to apply for AP renewal while you are out of the US. I think no, gurus please confirm.

My current thinking is if USPS agrees to hold my mail, I will apply for EAD renewal before going for the vacation (to be able to have 90 days passed before my current EAD expires, in case I need an interim EAD on March 1st, 2005) and reapply for an AP when I return on Dec 03, hoping the AP renewal comes either before March 1st, 2005 or pretty soon after that.

Please share your opinion

Thanks,

 

[ginnu]

Hi,

I am on H-1 satus pending AOS(485).
I would be out of the US Nov 03 2004 to Dec 03 2004 on vacation. I will re-enter on AP status. My current EAD and AP expires Feb 28, 2005.
---- why cant you apply EAD now, you may get it before Nov 03 2004 , you can also apply H1 extension based on pending I-485
I am trying to plan when to reapply for EAD and AP, whether to do it before, during or after the vacation. Issues:
-------- I will do it after I am back for AP and file EAD now, if your H1 is valid till you reach US then can also apply H1 extension one needs valid EAD or H1 for work
+If I ask US Post Office to hold my mail while I am on vacation, will INS receipts, approvals etc. be held at local post office or returned to INS?
----- ask the post office
+Is it legal to apply for EAD renewal while you are out of the US. I think yes, gurus please confirm.
------ yes EAD can be applied not AP
+Is it legal to apply for AP renewal while you are out of the US. I think no, gurus please confirm.
---no
My current thinking is if USPS agrees to hold my mail, I will apply for EAD renewal before going for the vacation (to be able to have 90 days passed before my current EAD expires, in case I need an interim EAD on March 1st, 2005) and reapply for an AP when I return on Dec 03, hoping the AP renewal comes either before March 1st, 2005 or pretty soon after that.
---that is correct or file H1 extension before H1 expires
Please share your opinion

Thanks,

 

[c_rahul]

thanks Ginu

Ginu,

Thnx for the resp. As regards H1, company is not interested in applying for yearly H extensions as they believe 485 should be approved soon (RFE submitted this week, 485 pending sinc Dec 2002), but I need to keep my bases covered with the unpredictable USCIS.

-rahul

 

[c_rahul]

Can apply for AP renewal and leave US for vacation

Hi,

Just wanted to share some additinal info with you guys. Its legal to apply for an AP renewal, leave the country and come back within the validity of the old AP. The new AP can get approved while you are out of teh country or later, its OK.

I was under teh impression that you can't travel on your old AP while an AP renewal app is in process.

Murthy's doc clarifies it with examples.

http://www.murthy.com/mb_pdf/apr1604.pdf

So, I can apply for AP renewal before I leave and have enough time for them to process it before the current one runs out.