Confused: Please Help

V

vsaxena

Registered Users (C)
Hi All,

I am looking for an advice. I am confused whether I should apply for my 2nd EAD and AP or not.

I am currently working for H1 (valid till 19th Jan 2010) and have NO plan for using EAD. My current EAD and AP are valid till 7/17/08.

My priority date is current as of Jan 1st 2008. I am EB3 ROW (using cross chargeability). Recently I received an RFE for my I485 (employment authorization verification) and have submitted response on 4th March 2008. After submitting the response to RFE I have received soft LUDs on the following dates.

3/5/08
3/6/08
3/17/08
3/18/08

Now there is a chance that I may see approval very soon but you never no especially dealing with USCIS. It may be delayed for some unknown reason.

Even though I don’t have any plan to use EAD card but if need to travel them I need the AP. I have used my first AP recently.

#1
Should I apply for EAD and AP? It is going to cost about 1.5K for me and my wife.

#2
Can I Apply EAD after 2-3 months? But this may cause an GAP in two EAD cards. Is it an issue?

#3
Can I just apply for AP to cover the emergency?

Please help me.

VS
 
1. If you have never used EAD or AP, then you should be in H1 status provided you maintained all the provisions of H1.

2. A gap will not make a difference since ur work auth is H1 and not ead.

3. In case of emergency u could request an emergency AP (with proof of emergency).. no guarantees on how fast/expeditiously USCIS will process your AP
 
vsaxena said:
I am currently working for H1 (valid till 19th Jan 2010) and have NO plan for using EAD.
Click to expand...
Most people have NO plan to get laid off, but it happens sometimes.

Suppose you get laid off and the employer revokes your I-140 (some lawyers hired by the company routinely revoke the I-140 when the employee leaves or is laid off). USCIS will then send you an RFE or NOID, to which you will need to respond with evidence of a "same or similar" job or job offer. If you have to wait 2-3 months while applying for an EAD, it will be very difficult for you to get a job quickly enough to respond to USCIS by the deadline they give. And if you don't respond in time, your I-485 will be denied.

Or even if they don't revoke the I-140, if your job prospects are delayed 2-3 months because of waiting for an EAD, that's a lot of lost income.

vsaxena said:
Should I apply for EAD and AP? It is going to cost about 1.5K for me and my wife.
Click to expand...
For the sake of protecting yourself and being able to find another job quickly in the event of a layoff, you can apply for an EAD just for yourself, without applying for an AP, and it will cost you only $340 ("only $340" is relative to the $1.5K for both EAD and AP for you and your wife).
 
Last edited by a moderator:
Jackolantern said:
For the sake of protecting yourself and being able to find another job quickly in the event of a layoff, you can apply for an EAD just for yourself, without applying for an AP, and it will cost you only $340 ("only $340" is relative to the $1.5K for both EAD and AP for you and your wife).
Click to expand...
agree. don't bet aginst USCIS odds :mad:
 
As other brothers recommended above, I would suggest you to get an EAD just as a backup. Keep working on H1B but having an EAD handy is very safe.
There is no problem in time gap between EAD's as long as you were working on H1B.
 
Thanks all you guys,

I have decided to apply EAD and AP. I will do it my self. I am sure it shouldn’t a big deal.

Did anyone apply the EAD and AP without the help of lawyer and got it successfully?

Please point me to where I can get some instruction on how to apply?

VS
 
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