Applying for AP

GC_GC1

Registered Users (C)
I had mentioned earlier that my I-140 was approved under EB-1 OR. I also got EAD for me and my wife. However, we did not apply for AP as we are not planning to go out of the country as of now.
In case we plan to go to India end of this year, can I apply for AP now?
Is it necessary to apply for AP through my lawyer or can I do it on my own? If latter is possible, can you give me some tips?

I-140 & I-485 concurrent filed on 9/6/05
I-140 approved 10/11/05
EADs recd on 11/11/05
FP Code 3 on 11/28/05
LUD 11/29/05
 
GC_GC1 said:
I had mentioned earlier that my I-140 was approved under EB-1 OR. I also got EAD for me and my wife. However, we did not apply for AP as we are not planning to go out of the country as of now.
In case we plan to go to India end of this year, can I apply for AP now?
Is it necessary to apply for AP through my lawyer or can I do it on my own? If latter is possible, can you give me some tips?

I-140 & I-485 concurrent filed on 9/6/05
I-140 approved 10/11/05
EADs recd on 11/11/05
FP Code 3 on 11/28/05
LUD 11/29/05
You can apply AP anytime GC_GC1.
I believe with little effort you can do it without lawyer. AP form is hardly one page form.....just try filling out form ...an dif you have any doubts ask this or I-485 based forums!!!
 
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Thanks!

Thanks a lot Eb1-doc! You are indeed a great resource for all of us! Ever thought of studying immigration law? I bet you would become one of the best immigrant lawyers!
Thanks again,
GC_GC1.
 
I agree :)

I have the following 2 questions on AP. Please advise guys. I would very much appreciate the help.

My wife is currently working on a approved H1 and is planning to go to India in the last week of April. We dont have my 140 approved yet. She will be getting her H1 stamped in India and using that to enter the US. We are planning to apply for AP this week just as a backup in case her H1 stamp gets rejected or something.

1. Has anyone had any expereience with H1 stamp getting rejected inspite of an approved H1 because one applied for 485(immigration intent) vs H1(non-immigrant visa) ?

2. My lawyer tells me that she needs to have the approved AP in hand before she leaves US if she plans on using that to enter the US or else my 485 MIGHT be considered abandoned? In the worst case that her H1 stamp gets rejected, I was planning on mailing her the approved AP to use(that is if we dont get it before she leaves). Again she only plans on using AP as a backup if my H1 stamp gets rejected? Can one do that?

Thanks much
 
NIW_NSC said:
I agree :)

I have the following 2 questions on AP. Please advise guys. I would very much appreciate the help.My wife is currently working on a approved H1 and is planning to go to India in the last week of April. We dont have my 140 approved yet. She will be getting her H1 stamped in India and using that to enter the US. We are planning to apply for AP this week just as a backup in case her H1 stamp gets rejected or something.1. Has anyone had any expereience with H1 stamp getting rejected inspite of an approved H1 because one applied for 485(immigration intent) vs H1(non-immigrant visa) ?
2. My lawyer tells me that she needs to have the approved AP in hand before she leaves US if she plans on using that to enter the US or else my 485 MIGHT be considered abandoned? In the worst case that her H1 stamp gets rejected, I was planning on mailing her the approved AP to use(that is if we dont get it before she leaves). Again she only plans on using AP as a backup if my H1 stamp gets rejected? Can one do that?

Thanks much
Well thanks both!I am happy to be researcher! I am just trying to return what i got from this forum! I beleive you got the answer in some other thread...yes its not good idea to travel without AP under this circumstances.....(if relying on AP & not H1)......but you know i remember reading on AP form Q:1. whether you want AP to get delivered to some other address .....outside country...if you have lawyer why don't you ask him whats that about.....?????
 
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