What will be the processing times for EAD/ AP?

I agree with adekhne. This is what my lawyer told me also. When I travel next year I will not have H1 stamp in my passport but will have an approval notice. My lawyer told me to travel on AP and the approval notice.
I have another scenario for you guys. My wife is working on student EAD with her employer which will expire in June 2008. She could not get an H-1 in this years quota, so she will apply next year on April 1. By the time her student EAD expires, she should have H1-B approval notice, however she will be out of status from June to October. Question is, can she work on EAD for those 4 months and then use H1 from October? Means student EAD to AOS EAD to H1-B for the same employer.
The reason I am asking this is that I do not want her to go on H4 status or leave the country for those 4 months. Comments? Thanks
 
skango said:
I have another scenario for you guys. My wife is working on student EAD with her employer which will expire in June 2008. She could not get an H-1 in this years quota, so she will apply next year on April 1. By the time her student EAD expires, she should have H1-B approval notice, however she will be out of status from June to October. Question is, can she work on EAD for those 4 months and then use H1 from October? Means student EAD to AOS EAD to H1-B for the same employer.
Click to expand...

Yes. She is eligible to work on OPT, then on AOS EAD, and then move to H-1. That is absolutely workable.
So, she would not have to leave the country, nor be out of status, neither will she need to go to H-4.
 
Thanks adekhne. Would you mind sharing your country and your PD. It is not clear to me from your signature. If your PD is June 2007, not sure how you were current in June VB?
Thanks
 
Anyone planning to travel on AP should make sure the transit point does not have any issue with it.
I remember reading that Frankfurt does not allow you to transit thru their airport if you just have AP. Please check before you make final travel plans.

Also make sure that you carry "all" supporting documents.
When you enter the US, you will be taken to a separate room to verify your application. Be prepared to answer any questions.
Check with someone who has used AP to enter US. I heard that it is not a pleasant experience sitting in a separate room at the point of entry. It is worse if you are travelling with small kids. No fun waiting in a small room after a whole day of sitting in a plane.
 
Last edited by a moderator:
chitti007 said:
I heard that it is not a pleasant experience sitting in a separate room at the point of entry.
Click to expand...

Am I missing something here? adekhne & skango said that you can travel with AP and enter with H1 documents to avoid your small room and waiting issue. But my lawyer told me that using AP will void my H1. Even immihelp.com confirms this. (So I didn't apply for AP).

adekhne & skango can you provide any USCIS link?
 
Madboy,
My comment was based on information from my lawyer. Also, there are people who have done this and that was reported on this thread. People have travelled on AP with H1 approval notice and got renewals on H1 after returning.
Of course, I did not mean that it will save you from the "room" agony. This was new information for me.
 
Either H1 visa stamp or AP; can't enter with just I797

Madboy said:
Am I missing something here? adekhne & skango said that you can travel with AP and enter with H1 documents to avoid your small room and waiting issue. But my lawyer told me that using AP will void my H1. Even immihelp.com confirms this. (So I didn't apply for AP).

adekhne & skango can you provide any USCIS link?
Click to expand...

If you don't have a valid H1 visa stamp in your passport, the first question that will pop up is how did you make the international travel? If you say by AP, you might be sent to a separate room to verify the AP.

PS: I am not a lawyer nor an expert. Above is just an opinion. It can only be as good/true as my last dream that I won the lotto. :)
 
But H1 stamping is only for traveling. So it is useful only for other countries and not the host country. So US may not care about the Visa at all (and this is also a guess) since we have a valid H1 approval. By this way we can have I-94 until H1 expiry and also avoid the room since we entered with H1.

I feel adekhne or someone should be knowing more about this.
 
What are all the documents that are needed?

What are all the documents that you mention?
Does the lawyer give you a copy of the I-485 documents that have been filed or should we be making copies? What other documents would be needed?Could you please clarify?



chitti007 said:
Anyone planning to travel on AP should make sure the transit point does not have any issue with it.
I remember reading that Frankfurt does not allow you to transit thru their airport if you just have AP. Please check before you make final travel plans.

Also make sure that you carry "all" supporting documents.
When you enter the US, you will be taken to a separate room to verify your application. Be prepared to answer any questions.
Check with someone who has used AP to enter US. I heard that it is not a pleasant experience sitting in a separate room at the point of entry. It is worse if you are travelling with small kids. No fun waiting in a small room after a whole day of sitting in a plane.
Click to expand...
 
madjad said:
What are all the documents that you mention?
Does the lawyer give you a copy of the I-485 documents that have been filed or should we be making copies? What other documents would be needed?Could you please clarify?
Click to expand...

Yes. Keep a copy of the entire packet that your attorney prepares for your 485. Does the lawyer give it to you? Some lawyers give you a copy even before you ask; some you have to ask and prod.

Keep phone numbers handy also - for your manager and your lawyer. And keep them informed the date and time when you will be landing.

And try not to worry. All you can do is be prepared and be confidant.
If you do all the preparation before you leave the US, you can enjoy your vacation.
 
AP\EAD Issues

Thanks for the reply adekhne, From your signature i see tht you had mentioned that you had called USCIS several times for the receipt notice.
I filed on June 20 ( no receipt notice yet). what is the number to call ? and what information i should have ? do you need to provide A# number.

Regards
 
Jraghavan

The number to call is 800.375.5283
Here is the sequence of keys you will have to hit to get the a USCIS Customer Service Rep.
1 - 2 - 2 - 6 - 2 - 2 - 1
Once you get an online CSR, she will ask you a bunch of questions. Either you will have to be patient with the questions or tell her that it is for I-485 application that you filed more than a month ago.

She will then connect to you an Immigration Information Officer. Although most people like to refer to them as IOs, they are actually IIOs and are only authorized to provide information over the phone. These are the same type of officers who we would encounter at the INFOPASS.

Anyways... this IIO will ask you for your name, date of birth, etc. Usually, only the name is enough to pull the information. But sometimes, if names are common, they use the DOB to get you the correct information.

You don't need the A# as you may not likely have one if this is the first time you have filed for the AOS. The A# on the OPT card cannot be used to track this information about the AOS.

Hope this helps.
Good luck.
 
EAD/AP Issues

Thanks once again adekhne, I called USCIS today (07/26/07) regarding
receipt notice. The CSR was very polite and even apologized for delay, she said it takes a long time nowadays bcoz of lot of applicants and then transferred me to IO ( Immigration officer) , The IO said it will take atleast
60 - 90 days for receipt notice but couldn't comment on anything. Didn't ask for name / DOB and told to remain patience.

I guess it's going to take a long time FP / EAD and AP and we are easily looking at 4 - 6 month.

Filed on June 20,2007

Regards
 
USCIS FAQ2 on Receipt Date

Hi, USCIS in its FAQ2 said that they will treat the date that physical I485 application received by CIS between July 2 and July 17 th, as Receipt dates. Correct me if I am wrong here. Now my questions are:

The NSC recevied my I485 along with EAD and AP applications on July2 nd. I think my attoney has the FedEx receipt as proof. And I have the tracking number though.
When I can expect the EAD and AP ? If I do not get them By October '07, should I take appointment thru infopass and get an interim EAD and AP?
 
Last edited by a moderator:
What is INFOPASS?

It isprobably stupid to ask? But how are the USCIS planning to adjudicate the I485s. By the Labor PD or by i140 PD or by I485 PD. Will that apply for the EAD/ AP as well? And what is INFOPASS?Can some one tell us what steps occur after filing I485.
I understand FP but what is LUDs etc?

Orangecounty said:
Hi, USCIS in its FAQ2 said that they will treat the date that physical I485 application received by CIS between July 2 and July 17 th, as Receipt dates. Correct me if I am wrong here. Now my questions are:

The NSC recevied my I485 along with EAD and AP applications on July2 nd. I think my attoney has the FedEx receipt as proof. And I have the tracking number though.
When I can expect the EAD and AP ? If I do not get them By October '07, should I take appointment thru infopass and get an interim EAD and AP?
Click to expand...
 
Receipts/Check cleared anyone???

Dear all,

Calling July filers...receipts/checks cleared? Please share information.

Regards
VS
 
Thx ppl for sharing all the valuable info up here. Me & wife planning to travel to India around Nov~Dec 07 and like most others, have current H1/H4 expired. IF we get our AP on time for travel, I would prefer to use that for re-entry instead of trying my luck @ Chennai consulate (where I was given hard time, the last two times). Comments? Btwn, me currently on 10th year H1 extension! :D
 
You must log in or register to reply here.
Top