To travel with AP, need EAD also??

D

dip92

Registered Users (C)
Gurus,

If I want to travel with AP, should I need to get EAD? One of my friends who actually from skilled worker category said, in the airport the officer asked for EAD. In my case family based, though I didn't get any EAD yet (not even 90 days to get Interim EAD) and will get a emergency AP from the local office, but they will not give me EAD before 90 days. Please tell me do I still need EAD to emergency travel. I appreciate you guys answer.

Thanks and good luck to everybody.

Dip
 
dip92,
you need to get the facts straight and stop giving your self a hard time.

your application is Family based. So you do not have to work in USA to continue your stay here... The EAD you applied is just an convenience if you decide to work in future but is not a necessity...

For Employment based application, if the 485 is pending they need the H1 B or EAD to continue WORKING in USA..

The Advance parole is to travel outside USA. In your case it has no bearing whether you have a EAD or not....

So travel wherever you want and Enjoy...

goodluck
 
SWaiting said:
dip92,
you need to get the facts straight and stop giving your self a hard time.

your application is Family based. So you do not have to work in USA to continue your stay here... The EAD you applied is just an convenience if you decide to work in future but is not a necessity...

For Employment based application, if the 485 is pending they need the H1 B or EAD to continue WORKING in USA..

The Advance parole is to travel outside USA. In your case it has no bearing whether you have a EAD or not....

So travel wherever you want and Enjoy...

goodluck
Click to expand...

Thanks so much guru. I like your reply.
 
THis is my experience.

I am the USC, husband is the alien. Filed for AOS in August 2001. Filed for AP and EAD at the same time.

September 11 happened.

Traveled overseas in December 2001 on advance parole. Immigration officer at JFK airport asked for husband's EAD as well as the AP. My husband did not think to bring it, as he was on vacation. Also, he thought because his AOS family based, he did not need to present it at the airport.

Well, he did show an employment letter to the officer. I also chimed in, stating that I was his wife and could prove our marriage, as I had a copy of our marriage certificate with me for our travels.

The officer was understanding and we got through. We were lucky!! Boy, did my husband hear it from me after that experience!!! :mad: Needless to say, his EAD always stays in his wallet. He is now waiting on his fourth EAD and he takes it and copies wherever he travels.

I don't mean to scare you. I am just sharing our experience.

Kiska
AOS receipt date August 28,2001
Fingerprint May 11, 2004
AOS INterview June 28, 2004
2 APs
3 EADs
4th EAD pending
Courtesy of the CHarleston, SC office
 
Kiska,
The Immigration officer may not be aware of the correct procedures..

The EAD is not a requirement unless your husband came to US on a Work Visa before. Even though technically after applying for I-485 family based, he is not required to maintain his work status in US..
 
Kiska said:
THis is my experience.

I am the USC, husband is the alien. Filed for AOS in August 2001. Filed for AP and EAD at the same time.

September 11 happened.

Traveled overseas in December 2001 on advance parole. Immigration officer at JFK airport asked for husband's EAD as well as the AP. My husband did not think to bring it, as he was on vacation. Also, he thought because his AOS family based, he did not need to present it at the airport.

Well, he did show an employment letter to the officer. I also chimed in, stating that I was his wife and could prove our marriage, as I had a copy of our marriage certificate with me for our travels.

The officer was understanding and we got through. We were lucky!! Boy, did my husband hear it from me after that experience!!! :mad: Needless to say, his EAD always stays in his wallet. He is now waiting on his fourth EAD and he takes it and copies wherever he travels.

I don't mean to scare you. I am just sharing our experience.

Kiska
AOS receipt date August 28,2001
Fingerprint May 11, 2004
AOS INterview June 28, 2004
2 APs
3 EADs
4th EAD pending
Courtesy of the CHarleston, SC office
Click to expand...

Kiska,

Thanks for sharing your experience. So bottom line is that there is no hard and fast rule for the visa officer. They can experiment anyway.

I have valid H1B visa till 2006. Do you guys think it will be ok if I carry my H1B approval notice and a letter from my employer?

Dip
 
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