travelling on EAD after 150 days outof status

[ajimehta]

Hi,
Entered into US on H4 visa and my I-94 was expired in 1/11/03. Did not apply for H4 extension. Applied I-485 on 4/30/04. Can anyone suggest me on the following please?
1. Am i outof status for 150 days only or all these days between 1/11/03 until today?
2. Now I have valid AP in hand and want to travel INDIA using AP. Still holding expired I-94 and will return while departing. Will there be any problem while re-entry into US because of above question 1.???

Thanks
-Aji

 

[chanamolusr]

Yes. you are out of statue more than 180 days

Yes. You are outof status from 11/03 until today and it is more than 180 days. So it is not suggestable to leave US
-SR

 

[TheRealCanadian]

Yes. You are outof status from 11/03 until today and it is more than 180 days. So it is not suggestable to leave US

Pardon? The I-485 filing in April 2004 ended that clock.

I *think* you should be fine since it's less than 180 days and if the I-485 was improperly filed it would have been rejected by now.

 

[ajimehta]

Thanks

Hi, RealCanadian,
Thanks for your reply.
So I am ignoring first reply and going INDIA in January and will return in March.
I appreciate if anyone can respond with any possible problems while entering US on AP. I am going to INDIA for plessure trip. Do I have to tell the reason for the trip at port of entry? If yes, Do we have to convince them that this is emergency reason? Because we applied AP on reason 'We may go abroad if there any family emergencies in future'.

 

[ix470001]

I would consult first with someone knowledgeable about this before leaving the US, I suggest you search this forum for similar experiences, I know having a valid AP doesn't mean you'll automatically be able to return the US without any problem especially if you have possible issues with your status.