Help on 2nd AP and 2nd EAD....!!

T

tt tt

Registered Users (C)
Hi Guys,

My AP expires on Dec 15 02 and EAD expires on Feb 15 03.
My lawyer wants to apply for AP this week and for EAD on Oct 15th...90 days in advance of the expiry dates.

My 485 has been pending with ND 11/9 WAC-02-035 , FP 3/19/02....

What to do ? Should I wait for a couple of weeks to apply for AP ?
I am currently working on H1 status...got visa valid until sept 2003..while the job seems to be quite stable..I think maybe applying for EAD may make more sense than applying for AP.

AP is getting processed with ND of 8/22 and and EAD is getting processed with ND of 6/18

your 2 cents will help...
regards
tt tt
 
Same boat EAD valid only till Feb

I'm tired of this wait, tired of wasting money too. Very disappointed by the way things are going.

I too shall wait for 2-3 weeks and apply for 2nd EAD again. My lawyer charges around $800 for renewal of EAD. Is there any way I can do it myself. Does anyone know what documents need to be submitted for renewal of EAD.
 
120/- excluding postage and paperwork is what it should cost you. Download I-765 from the INS web page. It has 1 page that needs to be filled out, 4 pages of instruction. nothing that an average engineer is incapable of ;)

good luck...
 
hold on

do not apply for AP or EAD. If you are not working on EAD and have valid H1 there is no pupose that AP/EAD will serve.
 
I am in little worse situation. MY VISA stamp have expired and I let it expired beyond one year thinking of same wastage of money as MY 485 may be any time.
MY H1 expires on Jan 2003 so I am extending it. AP will expire on Dec2002 and EAD will in FEB.
I am maintaining my H1. I am postponing my travel plans till I get my 485. Will wait till October end and then Apply EAD and AP myself.

indeedgc: It is better to be safe than regret later so Its better to have AP and EAD evenwhen maintaining H1 status.
 
sharma123

Yes in your case AP/EAD is required . However for
tt tt it is not the case. However, the best thing
is to get an EAD/AP and fill out I-9 form
and start working on EAD and use AP to travel.

tt tt are you planning to do so ?
 
my case for EAD/AP is just for peace of mind

I have valid H1 visa work for the same company and am keeping the EAD/AP option just in case something messes up in the job ( touch wood ) ...also I have no travel plans.
 
Guys do you really need to extend ???

Guys,
Do you really need to extend? Are you not expecting your approvals for next 3 months? IF that is the case when will i get my approval (WAC-02-074) not in next 3 months? Oh! god please give me some patience :mad:
PS
 
It is not that we need to but kind of peace of mind thing. In most of the cases it should be approved by Dec but no one knows INS right??
 
It is a lot of expense as well...

110 x 2 for AP and 130 x 2 for EAD. Luckily in my case the lawyer's fees are paid by the company and maybe my AP / EAD fees as well ( well atleast they paid that the first time )..
Since my lawyer sent 2 faxes with no results the only thing I can do is wait until JIT is past my ND 11/9 and then send faxes again. In the mean time with these lean months coming..it might be better to be armed with EAD/AP just in case.
 
Confused

So what is the deal about needing EAD/AP if the VISA stamp has expired for more than a year. Can one travel out of the country (to home country) and get H1 stamped on the passport if VISA stamp has expired for more than a year and 485 is pending? Please advise as I am confused by this thread.
 
YEs you can get it stamped that may resolve one's H1 versus AP issue while staying on H1.

But EAD is required if something happens to your Job and you want to switch to another company and then if you want to travel you need AP.
 
yes...see more..

you can ALWAYS got back to the home country and get a new H1 visa ( 485 pending has no effect ).
The deal here is that even though some of us are working on H1 visa and status at the same employer, because of the bad economy it might just be possible that the jobs may not be stable for another 6-12 months..in such a case if you ( god forbid ) lose your job, EAD makes it easy to get any/another employement real quick and the AP makes it easy to travel just in case you have to take some emergency travel.
So EAD/AP are insurance policies for those who are working on the H1, nice to have just in case.
 
People continuing to be employed based on H1 will eventually have to decide wether to renew the H1 or the EAD becasue H1 is issued only for 3 years at a time.
 
They can go for Both the only thing will be money. In my case my emplyer will pay for only one I get to choose what I want to extend...So I Am extending my H1 and EAD and AP I can file my self later (oct/Nov).

But not all the people will face this dilemma as they may Have H1 valid for longer peiods .
 
Thanks for the clarification. My visa stamp has expired for over a year. Still waiting for 485 (ND DEc 2001 - WAC 020 71 ...). I am working on H1 status although I have an EAD and AP. I am planning to travel to India in DEcember for a month. If GC comes before that then great otherwise I guess I can get a new H1 stamped in India. Or maybe even travel back on AP. I am not sure which is best. Haven't decided or spoken with my lawyer about it yet.

Trying to be positive that GC should come by December
 
makes sense to have both

I agree with tt tt /sharma123 . It makes sense to
have EAD/AP even if you do not plan to use it immediately. The only minor issue is with the money involved in filing/extending them...
 
My Advance Parole extension is denied by INS.

Following is my Attorney's response:
We are writing to inform you that the INS has denied your application for an
extension of Advance Parole (AP.) INS' reason for the denial is that since
the current AP document is still valid, you do not need a new AP. This
represents a major change in how the INS has been adjudicating AP
applications and it is an improper basis for a denial. The INS, through the
American Immigration Lawyers Association (AILA) liaison support, has
acknowledged that it has denied the application in error. To correct the
error, the INS has requested that we work with AILA's liaison group. To
this end, we have faxed the INS through the AILA liaison regarding your
case on September 10, 2002. The INS has promised to reopen your case, as
well as other similar AP applications denied in error, and issue new AP
authorization documents with a start date from the date of approval.

We will contact you as soon as we receive your AP approval from the INS. We
do not know how long INS will take to issue the new AP but we expect it
could take several weeks. Accordingly, we appreciate your patience as we
resolve this matter. Thank you.
 
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