Do i need to renew EAD/AP

G

GivemeGeeCee

Registered Users (C)
Hi Gurus,

Got a question for you...

I have Approved EAD/AP but not using that. Currently I am on H1B visa.

My H1B is expiring on Jan '05 and my company is filing for renewal.

My EAD/AP is also expiring on Feb '05, Since I am not using EAD/AP.

Do i need to apply for EAD/AP renewal. If No then can i renew that later when needed or i have to have valid EAD all the time.


Please suggest.
 
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GivemeGeeCee said:
Hi Gurus,

Got a question for you...

I have Approved EAD/AP but not using that. Currently I am on H1B visa.

My H1B is expiring on Jan '05 and my company is filing for renewal.

My EAD/AP is also expiring on Feb '05, Since I am not using EAD/AP.

Do i need to apply for EAD/AP renewal. If No then can i renew that later when needed or i have to have valid EAD all the time.


Please suggest.
Click to expand...

Asked my lawyer the same question a while ago: yes you can renew EAD/.AP later, however it is good to have AP (you never kow if you'll need it). Still ask your lawyer to be sure.
 
But i have valid H1 and do not need EAD/AP do i need need to renew them.. or can wait and renew later when H1 is about to expire.


thanks
 
You don't need them. If the company is paying it wouldn't hurt to have it though. As my lawyer put it, "it's always good to have something with your photo on it, just in case".

You should be able to extend your H visa as long as the GC is pending so you should never actually need an EAD unless you want to use one to work elsewhere prior to getting the GC.

ETA
 
You must have AP - cause if you are outside USA and you get your 485 done - H1 will not be valid for entry anymore.
 
Jharkhandi said:
You must have AP - cause if you are outside USA and you get your 485 done - H1 will not be valid for entry anymore.
Click to expand...

Let me know if I'm wrong but I thought that you only needed AP to re-enter if you actually worked using your EAD. I thought that you *could* re-enter on a valid H1/H4 if your GC happened to be approved while you were out of the US?

I've never been under the impression that I needed to get AP for any reason...

If not, I'll probably need to get AP soon since my case could theoretically be approved as soon as within 5 months (although 13+ months is probably more likely) and its possible I could be in Canada at the time.

ETA
 
H1

So you mean so say is i have to have AP/EAD no matter i am using that or not.

I am using H1 for my work...and planning to use for next 2 year..I have EAD/AP but i dont want to renew after expiring since company is paying for H1....

Now i am getting that i have to have AP no matter i use EAD or not..

Pleae clarify.

thanks
 
GivemeGeeCee said:
So you mean so say is i have to have AP/EAD no matter i am using that or not.

I am using H1 for my work...and planning to use for next 2 year..I have EAD/AP but i dont want to renew after expiring since company is paying for H1....

Now i am getting that i have to have AP no matter i use EAD or not..

Pleae clarify.

thanks
Click to expand...

I'm about as sure as I can be (as a non lawyer :)) that you absolutely don't need an EAD unless you want to use it (e.g. to work at something else, start a business etc.).

Jharkhandi has raised an issue, that of possibly needing AP to re-enter if your GC is approved while you are out of the US, that I have never heard of before. My understanding was that the AP was only needed if you used your EAD and needed to re-enter the US.

This doesn't mean that what Jharkhandi said isn't true (his advice has always been pretty solid in the past) -- I'd just like to see this confirmed. What this seems to imply is that your H is cancelled as soon as the GC is approved...

ETA
 
Again, there may be something that I'm unaware of here but this is what the USCIS itself has to say on who needs AP. Note that ppl on H/L status are exempt according to the section in red, otherwise, according to the section in green, they'd need AP regardless of whether they've used an EAD:

(from http://uscis.gov/graphics/services/Emergency/index.htm#Advanced)

Advance Parole

Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.

Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:

*Filed an application for adjustment of status but have not received a decision from the USCIS;

*Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
An emergent personal or bona fide reason to travel temporarily abroad. Applicants who are the beneficiary of a Private bill and Applicants who are under deportation proceedings must file to the Department of Homeland Security, 425 I Street, NW, ATTN: Parole and Humanitarian Assistance Branch, Washington, DC 20536


I still intend to make darn sure that this correct. If there's any doubt, I'll just file for AP (presumably for myself and my dependents) -- it's not worth taking any chances at this point.

ETA
 
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ETA-GC,

If you are on H1 you do not need AP to reenter. But, if you are outside US, and your I-485 is approved, this means your non-immigrant status is invalid (i.e. H1 is no longer valid). It is pretty logical if you think about it. You cannot be a non-immigrant and an immigrant at the same time. In this case you need AP to reenter US, although some people have managed to still enter US on H1 (lenient POE officer ??).

Anyway, it is always better to have a AP throughout the GC process, even if you have valid H1. You do not need it, but think of it as your insurance. You don't need the insurance, unless there is an emergency...

I will also suggest you to have a EAD at all times. This way, if you have to switch companies you can do it quickly without the need for the new employer to file H1.
 
Just as a postscript I will add here :

I have the same situation H1 valid. 485 pending etc. Was planning to got India on 18th Sep (in fact have the tickets too!!!) but no AP. Got my FP notice for 11th Sep. Lawyer advised me not to extend FP. I am taking the cowards way out(I prefer to call it being prudent) and am calling off my trip.

Have spent too much money and peace of mind to take a risk without AP. I plan to immediately aplly for AP and then go maybe.

Yeppo
 
yeppo said:
Just as a postscript I will add here :

I have the same situation H1 valid. 485 pending etc. Was planning to got India on 18th Sep (in fact have the tickets too!!!) but no AP. Got my FP notice for 11th Sep. Lawyer advised me not to extend FP. I am taking the cowards way out(I prefer to call it being prudent) and am calling off my trip.

Have spent too much money and peace of mind to take a risk without AP. I plan to immediately aplly for AP and then go maybe.

Yeppo
Click to expand...

That is the right desicion. Don't call it off, postpone it till you get the AP ! :)
 
sertra2002 said:
ETA-GC,

If you are on H1 you do not need AP to reenter. But, if you are outside US, and your I-485 is approved, this means your non-immigrant status is invalid (i.e. H1 is no longer valid). It is pretty logical if you think about it. You cannot be a non-immigrant and an immigrant at the same time. In this case you need AP to reenter US, although some people have managed to still enter US on H1 (lenient POE officer ??).

Anyway, it is always better to have a AP throughout the GC process, even if you have valid H1. You do not need it, but think of it as your insurance. You don't need the insurance, unless there is an emergency...

I will also suggest you to have a EAD at all times. This way, if you have to switch companies you can do it quickly without the need for the new employer to file H1.
Click to expand...

That all makes sense but... why not re-enter on the GC if it's been approved...?

I'll definitely check with my lawyer. Here's what Murthy had to say in the most recent chat session (www.murthy.com):

Chat User : After applying for I-485, can my spouse go back to India until she's required back here for further processing? She has a valid H-4 until May 2005.

Attorney Murthy : Yes, a person is able to travel abroad and reenter on H-4 status and valid, unexpired visa stamp after filing the I-485 papers. There is no need to wait for the AP or even to file it if one does not plan to be here when it is approved.


Nothing conclusive but if you really do need AP should the GC be approved while you are out of the US, then she really dropped the ball by not mentioning this (which would surprise me)...

ETA
 
Jharkhandi said:
You must have AP - cause if you are outside USA and you get your 485 done - H1 will not be valid for entry anymore.
Click to expand...

I had similar opinion. For that matter our attorney. But


jaxen said:
Only if you use AP, you will actually face some grief. While using AP , you will be entered as deferred inspection - which means that you have to go to the local INS office (mentioned in the approval notice) within certain days to get the 551 stamp.

If you enter using H1, you have a whole year from the date of approval to get the 551 stamp.
Click to expand...

http://www.immigrationportal.com/showthread.php?t=117563
 
Guys,

Is there a definitive opinion on this from a confirmed source

i.e. If a person on a valid H1/H4 is out of the country when 485 gets approved will they have ANY problems at all in getting the GC. Please illuminate.

Thanks & Rgds,

Yeppo
 
yeppo said:
Is there a definitive opinion on this from a confirmed source
Click to expand...

Not so far. I've asked our company lawyer about it and will let people here know what he says.

IMO, the most authoritative information that I've seen on this is at the uscis site itself and from the murthy chat session (see my earlier posts).

The link that Tammy2 posted seems to suggest that not only is AP not needed, but using it could make it more difficult to get stamped.

I certainly haven't made any conclusion myself at this point...

Hmm, maybe I should call the border people to ask them...

ETA
 
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One more

Guys one more question came to my mind since we are digging a lot in to this matter...


Support i do not renew my H1B and go for renewing EAD/AP...if some how they deny 140/485 in that case i would be out of status immidialy...

Is that correct...
What is recomended...renew both H1B and EAD/AP?


Thanks
 
GivemeGeeCee said:
Guys one more question came to my mind since we are digging a lot in to this matter...


Support i do not renew my H1B and go for renewing EAD/AP...if some how they deny 140/485 in that case i would be out of status immidialy...

Is that correct...
What is recomended...renew both H1B and EAD/AP?


Thanks
Click to expand...

Yes, it's good to keep working on the H visa in case the situation that you mentioned comes up. Of course, this means that you will be continuing to use up the 6 year limit for the H visa...

Also, the EAD or EAD renewal can be held up for months because of an RFE (even if this is ultimately resolved) and some people who have switched to EAD have been unable to work because of this (until they get an EAD / iEAD).

That said, in theory the USCIS is supposed to start issuing EADs which should last the duration of the I-485 process so hopefully renewals should be needed less often.

If you feel that your GC case is rock solid you could drop the H and start working on EAD. Indeed, many people don't have a choice as some companies insist that the employee uses EAD (just as some companies will insist that the employee continues to use the H visa if its still valid...).

I'm working on my H and have an EAD that I don't intend to use any time soon.

ETA
 
ETA-GC said:
Hmm, maybe I should call the border people to ask them...
ETA
Click to expand...

Well, I just spoke to an immigration official over the phone (Peace Bridge crossing in upstate NY).

He initially seemed to be saying that I could reenter on the H (I explained that my concern was that the GC could be approved while I was in Canada). As the conversation went on, he seem to change his mind and suggested that it would be best to get AP "just in case"...

The scary thing is that even if you aren't supposed to need AP in this situation, this guy works at the actual border crossing and seems to think that you need it...

Maybe I'll try a couple more places...

ETA
 
Hey thanks ETA-GC for talking to the actual guys at the border. As my lawyer says that guys in Washington make a lot of policies viz. Ohata memo etc. but the guys in the field do what they want. Ultimately his/her interpretation or lack of, is what counts.

Rgds,

Yeppo
 
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