EAD application when I-485 is pending

[pibo]

Hi all, My husband has H1-B finishing in october and he applied for the 7th year extension. Now his I-140 is approved in march, 2004. We both have AP and EAD and I-485 is not approved yet. We are planning to go to india this december and come back in end of january. Now our AP ends in november, 04 and EAD ends in february, 05. We applied for AP renewal last week.
My questions are
1. How soon can we apply for EAD? Is it ok if we apply now?
2. Is there a problem in leaving US when your EAD renewal application is pending? have anybody faced similar situation?
3. Do you think my husband will get (7th year h-1) H-1 visa stamping in india when his I-485 is pending?

Thanks a lot.

Pibo

 

[dazzling]

Hi all, My husband has H1-B finishing in october and he applied for the 7th year extension. Now his I-140 is approved in march, 2004. We both have AP and EAD and I-485 is not approved yet. We are planning to go to india this december and come back in end of january. Now our AP ends in november, 04 and EAD ends in february, 05. We applied for AP renewal last week.
My questions are
1. How soon can we apply for EAD? Is it ok if we apply now?

You can apply 6 months before. These days EAD is getting approved in less than a month. If you apply now, you may loose some months from your 1 Year EAD as sometimes EAD is valid for a year from he day when it is approved (another USCIS inconsistency) ... ofcourse what adds to the muddy water is the fact that USCIS can issue EADs with validity of mre then 1 year ... but no one has yet received such a EAD (yet another USCIS inconsistency). If I were you, I would apply now.

2. Is there a problem in leaving US when your EAD renewal application is pending? have anybody faced similar situation?

I dont think there should be a problem.

3. Do you think my husband will get (7th year h-1) H-1 visa stamping in india when his I-485 is pending?

Thanks a lot.

Pibo

Should get it after you receive the approved I-797 (Notice of Action). Though I would suggest you also carry a valid AP with you. Some consulate officials in India (especially in Chennai and Mumbai) are jerks and they would not give you H1B stamp if you have 140/485 pending. Better to be safe and have an option to return back with an AP, just in case you face problems getting visa.