Is AP dependent on EAD?

W

whats_in_name

Banned
Friends,

Need your help

I am still working on my H1B which is valid thru 06/04
My wife has valid H4 till 06/04

Completed 180 days after I-485 RD and ND

Thinking about changing job with the help of AC21

We (me and my wife both) also have EAD till 01/04 but never applied for AP.

Planning to renew EAD and apply for AP sometime soon

Wife is not going to work in near future

My questions is, because my wife is not going to work, do I still have to renew her EAD in order to get an AP for her?

In other words, is AP dependent on EAD?

Thanks in advance

WIN
 
Need your help

I am still working on my H1B which is valid thru 06/04
My wife has valid H4 till 06/04

Completed 180 days after I-485 RD and ND

Thinking about changing job with the help of AC21
---- check your I-140 if it has not been revoked before your I-485 hit 180 days, go to BCIS online punch your I-140 receipt #
We (me and my wife both) also have EAD till 01/04 but never applied for AP.
-- no problem you both can use H1B visa or H4 to enter back to US till the validity date of H1 and H4
Planning to renew EAD and apply for AP sometime soon
--- it is better to apply EAD, AP
Wife is not going to work in near future
-- no problem
My questions is, because my wife is not going to work, do I still have to renew her EAD in order to get an AP for her?
She can get only AP but nothing wrong in getting EAD, she may use in future, EAD is for work, AP is for travel
In other words, is AP dependent on EAD?
No, AP depends on pending I-485
 
Thanks Ginnu for your response.

My I-140 is all fine, I am not expecting my currently empolyer to revoke it, if I decide to change my job.

I am little confused about your response below:

We (me and my wife both) also have EAD till 01/04 but never applied for AP.
-- no problem you both can use H1B visa or H4 to enter back to US till the validity date of H1 and H4

Are you saying that after I started working on EAD, we can still travel outside the country and come back with H1B and H4?

WIN
 
Once you use your EAD, your H1 becomes void, which means your wife's H4 becomes void too..!

So for both of you to travel, u need an AP.

Hope this helps.
 
whats_in_name
I am little confused about your response below:

We (me and my wife both) also have EAD till 01/04 but never applied for AP.
-- no problem you both can use H1B visa or H4 to enter back to US till the validity date of H1 and H4

Are you saying that after I started working on EAD, we can still travel outside the country and come back with H1B and H4?
--- If the primary H1 holder used EAD then he should use AP and spouse also should use AP, if the spouse used EAD and primary H1 holder is on H1 status then she can enter on H4 even after using EAD if she has H4 visa stamp in her passport. as you are not on H1 status and used EAD you both need AP
Please read below:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
 
Thanks ginnu and vijayrc for your responses

I am clear now,

1. once I have started working on EAD, me and my wife need AP to travel abroad.

2. my wife does not need an EAD, because she is not going to work. I know that it is good to have an EAD for her, but why spend $120 (or whatever the application fee is) when she does not have plans to work.

3. my wife can get AP without having an EAD.

Thanks again guys

WIN
 
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