question for the same day AP

xl088

Registered Users (C)
Hi All

Does the local INS at Newark, NJ still accept the same day AP application? What is the condition of it?

I and my husband have filed our AP application to VSC on December. We must go to Canada at the end of this February. Can we apply the same day AP at Newark INS with the AP receipt if we do not receive AP before our scheduled travelling date?

Last August, my husband has ever applied the same day EAD because he did not receive his EAD although VSC approved his case on January, 2002. But the officer of Newark INS denied his application. He said that they could not accept the same day EAD application since his case was approved, otherwise they only accepted the application as a new case and they would spend a couple of months to process his case. Finaly, my husband received his EAD at the end of last November.

I wonder if we only apply the same day application of AP when our case are not approved or we never apply AP to VSC.

Anybody can tell me your experiences for applying the same day AP at Newark?

BTW, my husband's H1 visa has been expired for more than one year, but he has valid I797 and I94, and he never use his EAD. Is it possible that we go to Canada and return to US within 30 days only by the valid I797?

Thanks a lot!
 
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