Hi guys,
Gurus - ned help - my EAD, AP expires on December 8th 2005, I have about 8 days to apply for a renewal - I am on a 8th year extension of my H1B which will expire September 8th 2006 and my employer is willing to do 9th year...I have 485 pending (EB3, RIR with Feb02 as PD)...my passport has visa which expired in 2004...I have to travel to India next year August - is there a possibility that the stamping in India will be denied and do I need a AP?
>>From the data given so far, hard to say why your H1 stamping in India might get denied. Personally I don't see any problem.
1. Do I renew my EAD, AP or do I carry on with the H1B/H4?
>>The choice is yours.
2. Will my travel next year need the AP/EAD or will the H1 7th and 8th year extension notice do?
>>The H1 extensions (9th year extension) should do it. If you travel to India next August and 8th year extension expires in September you might be in a tough spot when re-entering on such a border line. Consider getting 9th year extension approval in hand before you leave US. However it is good to have AP as backup. Please note that it is better to get 9th year extension done before you leave US. Lets say your 9th year extension is still under process and for some reason you had to re-enter on AP then that is considered as abandoning the H1 extension which is still under processing with USCIS. Of course you can re-enter safely but you loose the money you invested in 9th year extension.
3. How hard is it to E-File myself - attorney fees are very high...
>>Very Easy. I did it on my own and got the approval. You just need to have your I485 filing receipts handy and there are plenty of recources and walk thrus available on this forum.
Even if you use AP to re-enter US, you could still continue using H1 (extensions) for work authorizations. It doesn't automatically switch to EAD.
Thanks guys - I really need some help here!