Duration of stay abroad

[satula134]

Hi,

My 6yr H-1 limit will be reached by Jan 2004.I have filed for I140 and I485 in June 2003 and my I140 is approved. Also EAD and AP were approved for me and my wife.

My wife is planning to go to India this month.I am planning to go to India in Jan 2004 and both of us are planning to return together in Feb 2004 using AP.

1) I plan to start using EAD from next month.What is the procedure for changing from H-1 to EAD?
2) Can my wife stay abroad for 3 months while our 485 is pending? Is there any timelimit for her stay abroad and coming back(on AP)?

Thanks for your replies.

 

[truenblue]

Originally posted by satula134
Hi,

My 6yr H-1 limit will be reached by Jan 2004.I have filed for I140 and I485 in June 2003 and my I140 is approved. Also EAD and AP were approved for me and my wife.

My wife is planning to go to India this month.I am planning to go to India in Jan 2004 and both of us are planning to return together in Feb 2004 using AP.

1) I plan to start using EAD from next month.What is the procedure for changing from H-1 to EAD?

--You have to contact your HR dept and to fillout INS form of work authorization (to give EAD card info)

2) Can my wife stay abroad for 3 months while our 485 is pending? Is there any timelimit for her stay abroad and coming back(on AP)?

-- A person can stay abroad I think no limit but must come back before the expiry date on AP (which has a validity of 1 year). Also if I-485 is denied during absence from US, then there will be a big problem while entering the US.

Thanks for your replies.