Can you please clarify regarding this ?

T

TXLCRIR

Registered Users (C)
We have applied our I-485 for myself and my wife in last year Sept 2005.
My wife was having EAD which expires 10/18/2006 and also H4 expires 11/2006.

My wife went to India for her vacation for three months and came back to US on 10/04/2006 using her Advance parole.

Right after her vacation, I have applied her EAD, but due to postal communication back and forth with my employer, her EAD got approved starting valid from 10/25/2006.

Can you please suggest me is my wife on out of status for 7 days? If she is out of status for 7 days, does it cause any problem for her approving Green Card? If we have any problem, is there any solution to fix this issue?

I really appreciate all your quick reply.

Regards,
 
Status

TXLCRIR said:
We have applied our I-485 for myself and my wife in last year Sept 2005.
My wife was having EAD which expires 10/18/2006 and also H4 expires 11/2006.

My wife went to India for her vacation for three months and came back to US on 10/04/2006 using her Advance parole.

Right after her vacation, I have applied her EAD, but due to postal communication back and forth with my employer, her EAD got approved starting valid from 10/25/2006.

Can you please suggest me is my wife on out of status for 7 days? If she is out of status for 7 days, does it cause any problem for her approving Green Card? If we have any problem, is there any solution to fix this issue?

I really appreciate all your quick reply.

Regards,
Click to expand...


EAD has nothing to do with legal status nor does AP. Using either one makes one go from H1 or H4 or some other visa status to Adjustment of Status status. EAD is just an authorization to work. Your wife is in Adjustment of Status status (AOS) and the AP and EADs allow her to travel and work respectively. When your wife entered on her AP, her H4 basically became invalid and she went into AOS status. If she had chosen to enter on her H4 and had not used her approved EAD to work then she would have continued to maintain H4 status till the visa expired. Basically using EAD or AP automatically puts a person into AOS status but not renewing them does not get a person out of status. Not renewing either one does not have any effect on her AOS status. All this means is that she won't be able to travel or work (why would anyone do that). Now if she travels without AP then she won't be able to come back and her application will be considered abandoned and if she works without a valid EAD then her status will be in jeopardy.

So the short answer is that your wife is not out of status. She will continue to be in AOS status till you guys get approved.

cheers,

saras
 
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