New problem... LEGAL Problem... Please Help...

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jay_gc2001

Registered Users (C)
Friends,

************ Serious LEGAL Question *****************

I filed my 485 along with my wife and daughter on 10th Dec. 2001. At the same time, I also applied EAD (self + wife) and AP(self + wife + daughter). I never used my EAD and with the same employeer.

My wife used her EAD for some time during year 2002. She also used her AP while she travelled to INDIA.

I did not reneiwed her AP or EAD as she had no intention to work or travell. (Though that she is in her 485 stage).

Now my H1 expires on oct. 2003 so as my wifes H4 and daughters H4.

1. Is my wife out of status as she used her EAD, AP and now dont have her EAD?? Do I need to reniew her EAD and AP if my case is not approved before oct. 2003??

Pl. help me friends. This thing may be helpfull to many friends.

Thanks.
 
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You and your family are in status from the day the 485 application was filed till it is adjudicated, even if your H1 expires in between. EAD & AP are only to facilitate work and travel during this period and expiry of these documents do not have any bearing on your status.
Hope this helps.
 
jay_gc2001

EAD & AP has nothing to do with status, your 485 receipt is sufficient to prove that you are in status untill decision is made.

EAD & AP is only to facilitate work and travel during the period !!
 
Need 140 & CMACTI - Use of EAD

If sombody is using EAD in place of H-1, what is considered a valid I-94 ???
 
Originally posted by jay_gc2001
Friends,

************ Serious LEGAL Question *****************

I filed my 485 along with my wife and daughter on 10th Dec. 2001. At the same time, I also applied EAD (self + wife) and AP(self + wife + daughter). I never used my EAD and with the same employeer.

My wife used her EAD for some time during year 2002. She also used her AP while she travelled to INDIA.

I did not reneiwed her AP or EAD as she had no intention to work or travell. (Though that she is in her 485 stage).

Now my H1 expires on oct. 2003 so as my wifes H4 and daughters H4.

1. Is my wife out of status as she used her EAD, AP and now dont have her EAD?? Do I need to reniew her EAD and AP if my case is not approved before oct. 2003??

Pl. help me friends. This thing may be helpfull to many friends.

Thanks.
Click to expand...

Just as an added note, your wife's H4 status expired when she used EAD to seek employment. Her H4 is no longer valid. She is in status though but will need AP to travel. It is a good idea to keep AP current for her just in case any need to travel arises.
Once your H1 and child's H4 expires in October, you and the child will need AP to travel and you will need EAD to work.

You all are in status once you apply I-485.
 
Dont loose your sleep

A said by others , EAD/AP has nothing to do with your status. As soon as your 485 was recieved and fees accepted after due verifiction, you are on AOS . Till your(and your dependants) case is adjudicated you will remain in AOS. YOu may or may not renew your EAD/AP , including your dependant's.

As for which I 94 is valid, I think there is only one I 94, the one issued at POE or with your new H1. EAD does not give you any new I 94.

Raj
My observations/suggestions do not have any legal sanctity
 
This site is the greatest source of information.

Thanks everyone for your valuable information.

Hope this information is useful to many people.
 
General:
Since the day you file your I485 in GC process, you are legal to stay here in the US.
If your visa expires, you need EAD to work., and AP to reenter US.
If you desire not to work, you don't need an EAD., and if you plan not to travel outside you don't need an AP either.

Specific to your case:
The Day you wife used her EAD to work, her H4 becomes VOID and she needs AP to travel outside and re-enter.
If she plans not to work till your GC is approved, then she need not have to have an EAD and if she plans not to travel outside and re-enter US b4 GC approval, she need not have AP.
Hope this helps.

And if there's an emergency to travel outside, you can visit your local INS office and get one.

Good Luck
 
If your wife is still working on the Expired EAD...

..then you have a problem otherwise nothing to worry ...
Its a normal situation ... dont worry.
 
Thanks vijayrc and eternity.

My wife is not working. so i should be fine.

At the time of renual of EAD and AP in the month of Feb., I thought I will get an approval by mar or april. But to be on safe side and advise from this site, I renued my EAD by my self (I am working with a same employer and continuously on project). I thought there is no need to renuew EAD and AP for wife as by the time I will get renual, I will get my GC approval !!!! But its not happened yet. I have all the EAD and AP papers ready with me but every time i thought about droping it, I think its west of money and I will get GC approval before EAD and AP approval.

Its a wired situation and many people are facing it. This site and good people are helpfull in many ways during tough time....
 
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