Do i need to renew EAD/AP

[yeppo]

I have another interesting question to add:

If the primary applicant is in the US and the 485 gets approved whereas the dependant i.e. spouse is out of the country and his/her 485 has not yet been approved. He/she has a valid H4 and NO AP would there be a problem as that person's 485 has not yet got approved.

Rgds,

Yeppo

 

[ETA-GC]

I have another interesting question to add:

If the primary applicant is in the US and the 485 gets approved whereas the dependant i.e. spouse is out of the country and his/her 485 has not yet been approved. He/she has a valid H4 and NO AP would there be a problem as that person's 485 has not yet got approved.

Rgds,

Yeppo

Shouldn't be any problem if the 485 hasn't been approved (my wife has re-entered the US already in this situation).

The big question that has been raised is whether the approval of the GC invalidates the H visas (H1/H4) making AP necessary to re-enter.

Again, I always thought AP was only needed if you didn't have any other valid non-immigrant status (e.g. no H / H invalid because EAD was used) so this whole needing AP if the GC is approved while you are out of the US is scary news to me .

ETA

 

[yeppo]

Hi ETA-GC,

Does this mean that ur 485 has been approved and was so when your wife entered the US and shd had no problems in stamping.

Rgds,

Yeppo

 

[ETA-GC]

Sigh...

OK, this time I phoned the USCIS NCSC number (1-800-375-5283) and was told that "you should be able to reenter the US on your H visa if the GC is approved while you are out of the country". If you are in the US when the I-485 is approved, you need to get stamped etc. so you can travel.

ETA

 

[yeppo]

Thanks Bud.

 

[ETA-GC]

More...

Spoke to an immigration official at the Champlain crossing in NY.

He maintained (with some uncertainty) that if the GC hadn't been approved before you left the US, you should be able to re-enter on your H.

Unfortunately, he also seemed to be a bit confused about things -- said something about the H visa being dual intent (not sure that's relevant in this case) and having to leave the US anyway to get stamped / visa at the consulate (afaik we can get stamped somewhere near where we live and the GC will be sent to us?).

So far, I've by no means ruled out getting AP just in case...

ETA