EAD Renewal????

L

leapord1

Registered Users (C)
My RD is 10/22/2001, ND is 11/19/2001. I am still on H1 visa. But my wife has EAD and she never worked. We are planning to go to India on vacation in the month of December. so we have asked our attorney on renewal of EAD and getting AP. he is saying no need to apply for both as his understanding is still we are under H1 and H4 visas. Does any body has any idea on this as i know every body takes AP before going out of USA and i am seeing some cases got RFE for not extending the EAD's.

My second question is if I485 is approved when i am out of USA Do i get any trouble at the port of entry. Thanks in advance.
 
AP not required

If you are not used your EAD. AP is for those who uses EAD to do job. I know many of my friends who has EAD, but never used them and went to India without AP.
 
If ur H-1 is valid.......

This my understanding and opinion about your scenario......

If your H-1 visa and your wife'e H-4 visa has not expired at the time of return to the country (USA) after vacation, you don't need any other documents to re-enter, provided you and your wife have NOT used EAD at any period of time before leaving the country (USA).

Using the EAD by the principal (yourself) or the derivative applicant even once (wife in this case) will kick each one of them separately out of the H-1 or H-4 visa status, after that they need Advance Parole to re-enter the country legally even if they have a valid H-1 visa.

Hope this helps! Sorry for the lengthy posting:eek:

ZZ
 
Last edited by a moderator:
AP not required

I do not agree with Zingzang. Eventhough your wife used EAD , you can go and come back on your H1 visa (provided it has not expired). But she needs AP to reenter USA. But in your case she never used EAD , so she is still H4 and can travel on H4 unexpired visa.
But if your 485 gets approved when you are in India, then at port of entry you may face problems, because you are no more H1 and H4's.
This is purely my opinion. Consult your attorney.
Thx
 
Ref:AP is required

Guys:
What do mean by the use of EAD? I am new to this thing. Please give some details as when an EAD is considered used i.e. if my wife gets the SSN based on EAD is that is a uesd EAD.
Thanks for your time,
ssmk
 
Thanks for your time and suggestions

Today i talked to my attorney on the approval of I485 when we are out of USA, he said there is an INS regualtion on this we can come back with out any probem. As per the regulation one becomes a permanent resident only after being stamped in the passport at the local INS center. he said he will send me the copies of the regulation in case the officer at the port of entry does not know and if he creates any problem he asked me to show this to the officer.

Does any body got thier approval when they are out of the country and came in for the stamping?

As per my understanding 'used EAD' means got the job by showing the EAD and got paid on the basis of the card. that's why i am saying my wife has never used the EAD.
 
I-9

An EAD is considered as 'used' when it is used as employment eligibility on the I-9 form, which has to be filled with your employer.
If you have an EAD but have not updated your I-9 form you are not 'using' it.
HR departments should be on top of keeping I-9's updated as companies can face pretty stiff penalties if they employ persons who are illegaly in the US or out of status.
 
Re: AP not required

Originally posted by koinahi
I do not agree with Zingzang. Eventhough your wife used EAD , you can go and come back on your H1 visa (provided it has not expired). But she needs AP to reenter USA. But in your case she never used EAD , so she is still H4 and can travel on H4 unexpired visa.

Koinachi,
Please read my post carefully....Please pay attention to the word "or" and "separately"...Does not mean that using EAD by either one would require all to reenter with EAD........Posting it again below!!!!!

Using the EAD by the principal (yourself) or the derivative applicant even once (wife in this case) will kick each one of them separately out of the H-1 or H-4 visa status, after that they need Advance Parole to re-enter the country legally even if they have a valid H-1 visa.

ZZ
Click to expand...
 
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