Applying for EAD Renewal while in India

[gimmeabreak]

All,

Can I apply for my wife's EAD extension (with the i-765 application form singed by her) while she's in India?

Reason (problem?) I am asking is I won't be able to submit her I-94 along with her application form since she's will be in india by the time I apply for extension (April 26, 2006).

(We (my wife and me) are already on our 3rd EAD. Since our Current one expires July 26th, 2006, we plan to apply the renewal by April 26th, 2006. But my wife is in India won't be back until May 2006.)

Please advice?

 

[voldemarv]

All,

Can I apply for my wife's EAD extension (with the i-765 application form singed by her) while she's in India?

Why do you need EAd for her? Does she work? I assume not. Then the best way to apply for EAD when she return back.

 

[gimmeabreak]

No she doesn't work yet.
What you're saying is that she doesn't neet to apply for EAD and she still in status (since her 485 is pending)?
Thanks for the reply.

 

[voldemarv]

No she doesn't work yet.
What you're saying is that she doesn't neet to apply for EAD and she still in status (since her 485 is pending)?

Exactly. If she doesn't work and has no intension to work in near future, she doesn't need EAD at all. She is in status just because I-485 has been filed for her.

 

[sertra2002]

gimmeabreak,
voldemarv is correct. You do not need EAD for status. Your status comes from the pending I-485 and NOT the EAD or AP. EAD is needed for work only. AP is needed to enter the country. If you do not need to work you do nnot need EAD, and if you do not need to leave US and reenter you do not need AP.

Sometimes you can get a break by doing the research yourslef and knowing the correct rules, rather than following what you 'think' is required. If you had known the correct rules, you would not have got her previous EAD's either !

 

[gimmeabreak]

Thank you guys; its kind of an eye-opener for me. Our beloved attorneys will not tell these kinds of (useful?, for us) facts.
Thanks again