fingerprint for first time EAD employment based AOS

[drooby7337]

Hello - sorry if this seems to be a stupid question:

I recently concurrently filed i140 , I 485, EAD & AP in Nebraska Cervice Center
my I140 was approved in one week with premium processing.

RD for I485, EAD & AP is Dec 11th 2006.
We did fingerprints for I485 code 3 on January 3rd 2007.

Since I still have a valid H1b visa, my wife and I travelled out of the US and I just came back this week but she is planning to stay there for at least another 3 months (her H4 will have expired by then but we are hoping we will have received the AP approvals so she can come back using that)

My question is: Is there another fingerprinting for EAD that we werenot notified of yet? We filed by mail not efiling. If there is can we postpone the appointment until my wife comes back or can I go do my fingerprints alone and have her do hers later?

thanks in advance -
drooby

 

[pinoyh1b]

Your wife may have abandoned her application

I'm not a lawyer so take my opinion with lots of salt...

We have a friend who was on F1 and she left the country while 485 is pending and without AP. She was not allowed to comeback and was told that she abandoned her GC application. They are currently appealing their case. Check with your laywer. H4 may have a different ruling.

 

[sr2610]

I am in same situtation, we have our visa expired but got new H1/H4 papers valid until March 2009. We applied for 485/EAD/AP in last month, got EAD but still waiting for AP. Lawyer suggested that we shouldnt leave the country until we get the AP approval

Even though I am not planning to use EAD/AP and planning to go for visa renewal in India, Lawyer still says NO.

 

[andy garcia]

Advance parole requirement

I'm not a lawyer so take my opinion with lots of salt...

We have a friend who was on F1 and she left the country while 485 is pending and without AP. She was not allowed to comeback and was told that she abandoned her GC application. They are currently appealing their case. Check with your laywer. H4 may have a different ruling.

This is taken from the I485 instructions:

Travel outside the US for AOS applicants under sections 209 and 245 of the Act, and Registry applicants under section 249 of the Act.

Your departure from the US constitutes an abandonment of your AOS application, unless you are granted permission to depart and you are inspected upon your return to the US. Such permission to travel is called ''advance parole.'' To request advance parole, you must file Form I-131, Application for Travel Document, with the appropriate fee at the USCIS office where you applied for AOS.

Exceptions.
H, L, V or K3/K4 nonimmigrants:
If you are an H, L,V, or K3/K4 nonimmigrant who continues to maintain his or her status, you may travel on a valid H, L, V or K3/K4 visa without obtaining advance parole.

 

[drooby7337]

Wow - that scared me until I read the exeptions part. The question is now, if our AP is approved , can my wife use it to come back to the US if she comes back after her H4 expires (04/07)??

Anyone else know if there is a seperate fingerprinting that is done for EAD after the I485 one is done?

thanks in advance
~ Drooby

 

[drooby7337]

anyone?

 

[minn_labor]

Wow - that scared me until I read the exeptions part. The question is now, if our AP is approved , can my wife use it to come back to the US if she comes back after her H4 expires (04/07)??

Anyone else know if there is a seperate fingerprinting that is done for EAD after the I485 one is done?

thanks in advance
~ Drooby

Since I have never travelled on an AP before I might be wrong.
The questions is can your wife come back on a valid AP if she did not
leave the country on a valid AP.
While leaving the country does your passport get stamped to indicate that you have used a valid AP?
If they maintain any evidence of whether or not you left the country on a valid AP, then it would be best for your wife to get back before her H4 expires.
Sometimes its better to be cautious especially when you dealing with immigration.