EAD and AP

[thota]

Hi

I and my wifes I-485, I-765, I-131 was filed on Feb 28, 2004 (Receipt date Feb 28, 2004- Receipt Notice Date March 5, 2004) with future employer. My I-140 was filed on Febraury 5, 2004 . My attorney received RFE on I-140. My future employer has'nt yet sent those RFE support documents. Will this cause delay in getting our EAD and AP. I and my wife planning to travell outside USA. My current VISA stamp has expired. I have current H-1 Visa valid till March 2006 with my current employer. and My wife H-4 is valid till March 2006. We want to get VISA stamped outside USA. Before going outside USA our attorney suggested to wait till we receive AP.

My questions are
1. Will EAD and AP get delayed due to I-140 RFE not yet sent to INS?
2. Is there any precaution I should take before going to VISA Stampping.
3. Should we use our new VISA stamp to entering in to USA or SHould we better use AP?
Please advice me.
Thanks

 

[skarza]

Hi THOTA,

I guess your GC filing is under CONCURRENT processing. Even though 140 and 485 are two different entities.......but still INS considers 140 approval for issuance of EAD internally. This may not be true in all cases. U may or may not get EAD and AP.

If you are on project and if u have pay stubs you should be able to get stamping in your passport for H1 and H4......outside of usa. But Please do not take any chances.....better to follow your attorneys advice if possible... since there is RFE on your 140.

Please play a safe game. Please wait for other senior member openions as well.

Thanks,
siva