EAD Question - Simple - Please help

Y

yankees

Registered Users (C)
Any response or help would be greatly appreciated.

I am here on my second H1 - which expires Nov 2005. I've already filed my I-485, RD 12/12/02....I don't know how much longer that will take.

I need to travle back home to get married, but don't have the H1 stamp on my passport to travel.

Friends tell me to apply for EAD/AP.....is it worth doing this?

DO I have to go to the counsulate back in India to get AP stamped on my passport or anything to return do I?

Because if everything can be done here, then I will go ahead and get this done.

But I need to make sure I DO NOT need to go to the consulate back home to get any kind of stamp to return...Everything can be done here in the US.

Thanks
 
Two options:
If you have the AP (Advance Parole), you do not need to go to the consulate in India. You can return with the AP and you need to show that the immigration office at the port of entry in US. That should be good enough.

If you have a valid H1 but no stamping in your passport, then you will need to go to the consulate in India for stamping your passport.

I am not sure when you are planning to visit India. But, if you have time (may be around 3 months or so), I suggest you apply for AP. I believe APs are being processed faster these days (as of oct 6 published dates, they were processing Sept 27 AP applications, so it is pretty much current).

Good luck.
 
Hi yankees

I think it's no longer possible to get a new visa stamp in one's passport from within the U.S
I got my 2EAD in 15 days?
So best option is apply for EAD/AP.

tiger2025

yankees said:
Any response or help would be greatly appreciated.

I am here on my second H1 - which expires Nov 2005. I've already filed my I-485, RD 12/12/02....I don't know how much longer that will take.

I need to travle back home to get married, but don't have the H1 stamp on my passport to travel.

Friends tell me to apply for EAD/AP.....is it worth doing this?

DO I have to go to the counsulate back in India to get AP stamped on my passport or anything to return do I?

Because if everything can be done here, then I will go ahead and get this done.

But I need to make sure I DO NOT need to go to the consulate back home to get any kind of stamp to return...Everything can be done here in the US.

Thanks
Click to expand...
 
yankees said:
DO I have to go to the counsulate back in India to get AP stamped on my passport or anything to return do I?

Thanks
Click to expand...

AP is a separate document - not the stamp. And you MUST have an approved AP (of course, if you prefer to use an AP to come back instead of your H1 visa) before you leave US. It took 3 weeks for me to get an approval - see my signature.

Good luck!
 
Yankees,

If you have enough time, best option is to apply for AP. You need to understand more about this document from http://immihelp.com/gc/aos/ap.html .

Secondly, you need to get married and add your spouse to I-485 as soon as possible before your approval. Otherwise it will be a mess..!!

Good luck
 
Thanks

Thanks for letting me know about my wife....Hopefully my approval should be coming soon

Receive Date - 12/12/02
Priority Date - 12/12/02
Notice Date - 1/29/03
Finger Printing 1 - 2/25/03
Finger Printing 2 - 8/7/04
 
Hi Guys
I have a question?
How is he going to file I-485 for his wife, because if he uses Advance Parole to return, then he cannot bring her to USA for I-485 right?
Is there any way to solve this problem?
 
Explorer19 said:
Hi Guys
I have a question?
How is he going to file I-485 for his wife, because if he uses Advance Parole to return, then he cannot bring her to USA for I-485 right?
Is there any way to solve this problem?
Click to expand...

I believe she can get a H4 based on his H1 as his H1 is still valid. But, I could be wrong. Any gurus, comments?
 
Best to consult an attorney

If possible, please consult an attorney, because it is not as simple as it sounds.

If you get AP/EAD, then you cannot get your wife along with you, and in the mean time if your GC gets approved (which is very likely looking at your RD), then you are in big trouble. You cannot get her here for the next 4 years or so based on current processing timelines.

If you go on H-1, then be sure to take a appointment in the consulate back in India, as I heard the dropbox facility is no longer available. You can get your stamping done and your wife's H-4 all at the same time. Last year, when I went for my H-1 stamping, the dropbox was still around, and my stamping was done and the passport returned all within a week. I dropped it off on Mon and it came back via courier by Friday. So, as long as you have been in status and have stayed out of trouble and have all your certificates in order, then it should be the best way to go.

The only thing I am not sure is what happens if you get your 485 approved before your appointment. This is where an attorney will be helpful. Good luck with everything!!!
 
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