India Trip: F1 EAD to 485 EAD question and repercussions!

sriram1975

sriram1975

Registered Users (C)
My wife is working on F1 EAD and we are going to India for 3 weeks. When coming back, my wife will have to come back on 485 EAD and AP. If in case my 485 has a query while on vacation, she can't enter using AP, EAD right? Can she come back on her F1 EAD? (She came here on H4 in 02 and changed to F1 in 03 but F1 visa not stamped in PP. ) Or does she have to wait till my case is reopened and then come back?
I greatly appreciate your siggestions. I'm on H1, so coming back wouldnt be a problem for me.
 
I am fuzzy on some of these issues as well. But, I will take a stab at it.

I think RFE on your I-485 doesn't invalidate or affect your (or your dependants') EAD/AP. So, your wife should be okay to re-enter using her Advance Parole. As a back-up option, your wife will need to get a Consulate appointment to get her Passport stamped with her F1 visa (which is a lot of work and might be risky as well).

But, in any case, call up your lawyer and have this clarified with him/her. Also, post whatever you find out so others can benefit from your findings.

sriram1975 said:
My wife is working on F1 EAD and we are going to India for 3 weeks. When coming back, my wife will have to come back on 485 EAD and AP. If in case my 485 has a query while on vacation, she can't enter using AP, EAD right? Can she come back on her F1 EAD? (She came here on H4 in 02 and changed to F1 in 03 but F1 visa not stamped in PP. ) Or does she have to wait till my case is reopened and then come back?
I greatly appreciate your siggestions. I'm on H1, so coming back wouldnt be a problem for me.
Click to expand...
 
edealfan said:
I am fuzzy on some of these issues as well. But, I will take a stab at it.

I think RFE on your I-485 doesn't invalidate or affect your (or your dependants') EAD/AP. So, your wife should be okay to re-enter using her Advance Parole. As a back-up option, your wife will need to get a Consulate appointment to get her Passport stamped with her F1 visa (which is a lot of work and might be risky as well).

But, in any case, call up your lawyer and have this clarified with him/her. Also, post whatever you find out so others can benefit from your findings.
Click to expand...
Whoa .... no way can she get a F visa stamping AFTER applying for 485.
F visas do NOT recognize dual intent (unlike H and L).

Your only option is to use AP for re-entry. But as previously mentioned, the AP is not invalidated if you get a RFE on the 485.
Why do you worry about EAD for re-entry -- EAD is totally un-related to re-entry - just present your valid AP and PP and you will be good to go.
 
Thanks Max for your quick clarifications!

max2k1 said:
Whoa .... no way can she get a F visa stamping AFTER applying for 485.
F visas do NOT recognize dual intent (unlike H and L).

Your only option is to use AP for re-entry. But as previously mentioned, the AP is not invalidated if you get a RFE on the 485.
Why do you worry about EAD for re-entry -- EAD is totally un-related to re-entry - just present your valid AP and PP and you will be good to go.
Click to expand...
 
max2k1 said:
Whoa .... no way can she get a F visa stamping AFTER applying for 485.
F visas do NOT recognize dual intent (unlike H and L).

Your only option is to use AP for re-entry. But as previously mentioned, the AP is not invalidated if you get a RFE on the 485.
Why do you worry about EAD for re-entry -- EAD is totally un-related to re-entry - just present your valid AP and PP and you will be good to go.
Click to expand...

Thanks max. The reason I mentioned EAD is because she has to come back and switch to 485 EAD. Of course it has nothing to do with re-entry. Thats good to know. But if I get 485 RFE, she cant work right? till case is reopened?
Thanks.
 
sriram1975 said:
Thanks max. The reason I mentioned EAD is because she has to come back and switch to 485 EAD. Of course it has nothing to do with re-entry. Thats good to know. But if I get 485 RFE, she cant work right? till case is reopened?
Thanks.
Click to expand...

I dont think a mere RFE will affect EAD. Only if your case is denied after RFE the EAD becomes invalid as well.
 
An RFE on a case does not mean that the underlying EAD and AP are invalid. On the contrary an RFE means that your case is being worked on and desicion is soon to follow.

You do not have to wait for your case to be 're-opened', as it was never closed. You use the term re-open in case the I-485 is denied and you file a MTR, but in your case its only a RFE and the case is very much open.
 
sertra2002 said:
An RFE on a case does not mean that the underlying EAD and AP are invalid. On the contrary an RFE means that your case is being worked on and desicion is soon to follow.

You do not have to wait for your case to be 're-opened', as it was never closed. You use the term re-open in case the I-485 is denied and you file a MTR, but in your case its only a RFE and the case is very much open.
Click to expand...

Thanks Serta & Sept03NIW and others who clarified on this issue. So, I'm not worried about getting an RFE (if at all) for 485 while in India. Good Luck to you all.
 
sriram1975 said:
No. Just once in 04 before I got my EAD, AP. Why?
Click to expand...

Hi Sriram,
My I-140 got Approved yesterday.My labour filed on 11/22/2003 and 140 and 485 filed on 07/20/2004.
Can you please explain me what is current processing date for I-485(Eb3)?
How is labour file date and I1485 file date relevant w.r.t retorgression date?


EB3/NSC I-140/I-485/AP/EAD Concurrent
RD- 07/04/2004
EAD AD - 09/20/2004
1st FP - 03/19/2005
I-485 LUD - 3/24/2004 (FP recvd)
I-140 RFE - 04/21/2005(Exp.letters from Previous Emloyers with 3-tier architecture)
I-140 RFE Recd - 06/29/2005 LUD - 06/30,7/1, 07/05,7/06 AD - 07/14
 
sriram1975 said:
No. Just once in 04 before I got my EAD, AP. Why?
Click to expand...

Lots of people seems to have done multiple FPs, but I havent. Like you I did it once in Aug 2004. I was just curious.

Thanks for the info.
 
You must log in or register to reply here.
Top