Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Travelling on valid AP while applying for renewal of EAD/AP

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Travelling on valid AP while applying for renewal of EAD/AP

    Hello,
    I need help regarding my upcoming travel to India. Our current*EAD/AP expires on Nov 11 2017. We will be travelling*from Sep 23 -*oct 28. I would also like to apply for my EAD/AP renewal before I travel to India. Is that doable? Will my EAD renewal application be still valid if I leave the country before receiving the approval?*Or should I*apply for renewal only on my return to US.*
    Since I work on the basis of EAD, I would like to apply as soon as I can. But not sure if it would stop me from traveling outside US. Any help would be highly appreciated as based on that I might have to cancel my tickets.
    Also, do you know can I still work if my EAD renewal process is pending or I can't?
    thank you in advance,
    A.B.

  • #2
    adding photocopies of my kids birth cert frm previous marriage in d documents for AOS

    pls,can i add photocopies of my kids birth cert in d documents am sending wit i-485

    Comment


    • #3
      Originally posted by AmBasu View Post
      Hello,
      I need help regarding my upcoming travel to India. Our current*EAD/AP expires on Nov 11 2017. We will be travelling*from Sep 23 -*oct 28. I would also like to apply for my EAD/AP renewal before I travel to India. Is that doable? Will my EAD renewal application be still valid if I leave the country before receiving the approval?*Or should I*apply for renewal only on my return to US.*
      Since I work on the basis of EAD, I would like to apply as soon as I can. But not sure if it would stop me from traveling outside US. Any help would be highly appreciated as based on that I might have to cancel my tickets.
      Also, do you know can I still work if my EAD renewal process is pending or I can't?
      thank you in advance,
      A.B.
      As far as I know, the EAD application should not be affected by travel abroad while it is pending, as long as it was filed while you are still in the US.

      As for AP, there were some reports they were denying APs for people who traveled abroad while it was pending, but then there were later reports that they agreed to stop doing that, so hopefully that is no longer an issue.

      By the way, for the purpose of work, it's not necessary to apply for EAD renewal very early, because the work authorization for this type of EAD is automatically extended for 180 days past the card's expiration, as long as you applied for renewal before it expires.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Thanks for the prompt reply. I was not aware of the automatic EAD renewal. Thank you for the information. Our EAD is against a pending I485. Do you know if we are eligible for automatic renewal? If so, how to apply for that?
        I think to avoid risk, it will be better to travel on my current AP. Come back from India and apply for EAD/AP extension.

        Comment


        • #5
          Originally posted by AmBasu View Post
          Thanks for the prompt reply. I was not aware of the automatic EAD renewal. Thank you for the information. Our EAD is against a pending I485. Do you know if we are eligible for automatic renewal? If so, how to apply for that?
          I think to avoid risk, it will be better to travel on my current AP. Come back from India and apply for EAD/AP extension.
          No, there's no automatic EAD renewal. There is automatic extension of employment authorization as long as you applied for renewal, for certain categories of EAD (including C9, AOS-based EADs). So there will be no interruption in work authorization as long as you apply for renewal before the old EAD expires, even if you don't get the new EAD until later. Your expired EAD + receipt of renewal application will allow you to legally work for 180 days after the old EAD expires.

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            So do you think it will be wise to travel on current AP and renew once back. While coming back to US, will it matter that I will only have 15 days left on my AP?
            Thank you for all your help.

            Comment


            • #7
              Originally posted by AmBasu View Post
              So do you think it will be wise to travel on current AP and renew once back. While coming back to US, will it matter that I will only have 15 days left on my AP?
              Thank you for all your help.
              As long as you return before it expires, it's fine. Your main question, I thought, was whether travel abroad will affect your EAD and AP renewal applications; I don't think they would be affected, but if you want to wait until you get back to apply, that is fine too.

              This is my personal opinion and is not to be construed as legal advice.

              Comment


              • #8
                That is correct. Initially I was planning to travel after filing for the ead/ap renewal on my current AP. But like you said, I read about reports that USCIS is rejecting the AP renewal requests if you travel before receiving the new AP even though you have an existing valid AP. Also as I was reading through I131 instruction, on page 6, it mentions "if you depart from the US, before the Advanced Parole document is issued, your application for an Advanced Parole document will be considered abandoned." You can say I am weak hearted.

                Comment


                • #9
                  Legal Status While while various petitions are pending?

                  Hello All,
                  I wanted your expert opinions on my case/situation.
                  Currently i am on L1 visa which is due to renewal soon and also at the moment I have these petitions pending
                  1. I-140 EB1C with PD Nov 2016
                  2. I-485 with PD Nov 2016 (concurrent filing)

                  Also I had received EAD/AP card which is due to renewal soon (Dec 2017). I am expected to go to Home Country soon (preferably before EAD/AP expires) to get L1 extension.

                  I am concern that What happens if say L1 extension is denied..
                  - Will I get entry in USA if i come back before current EAD/AP expires (Dec 2017)?
                  - How long one can work after filing EAD/AP renewal and while it is pending for approval?
                  - Once EAD/AP is approved (hoping for next 1yr or so), can i stay and work without any issue i.e. even when L1 extension was denied?
                  - With EAD/AP approved and pending I-140 & I-485 for decision, can I stay back in USA as long as a final decision is NOT made on these petitions?

                  Would really appreciate your help.
                  Thanks in advance!

                  Comment


                  • #10
                    I run into the same situation here.

                    Originally posted by AmBasu View Post
                    Hello,
                    I need help regarding my upcoming travel to India. Our current*EAD/AP expires on Nov 11 2017. We will be travelling*from Sep 23 -*oct 28. I would also like to apply for my EAD/AP renewal before I travel to India. Is that doable? Will my EAD renewal application be still valid if I leave the country before receiving the approval?*Or should I*apply for renewal only on my return to US.*
                    Since I work on the basis of EAD, I would like to apply as soon as I can. But not sure if it would stop me from traveling outside US. Any help would be highly appreciated as based on that I might have to cancel my tickets.
                    Also, do you know can I still work if my EAD renewal process is pending or I can't?
                    thank you in advance,
                    A.B.
                    my current situation is similar to yours. Can you please let me know what/how you did to resolve the situation? if you dont want to share the info publicly, please let me know, we can email privately as well

                    Comment

                    {{modal[0].title}}

                    X

                    {{modal[0].content}}

                    {{promo.content}}

                    Working...
                    X