EAD and H4

[sipuser55]

My Spouse is in India. Her EAD/Advance parol will expire on 1/31/2018.
we have never used EAD/Adavanced Parol card till now. She is planning to come to USA on December 22nd 2017.
Can she use the EAD card and enter the contry? if so upto when is the I94 given?
We have H4 but should go for stamping? is it ok to use EAD to enter and later when we go to India get H4 stamping.
if EAD Expires than can we move to H4 in US.

[scientist2016]

My Spouse is in India. Her EAD/Advance parol will expire on 1/31/2018.
we have never used EAD/Adavanced Parol card till now. She is planning to come to USA on December 22nd 2017.
Can she use the EAD card and enter the contry? if so upto when is the I94 given?
We have H4 but should go for stamping? is it ok to use EAD to enter and later when we go to India get H4 stamping.
if EAD Expires than can we move to H4 in US.

First of a bit of semantics here: You do not use EAD to enter. EAD is for employment authorization. You use AP to enter. Having said that, yes, she can enter the US using her AP. Her I94 will be set to the expiry date of AP, and there might be questions regarding whether a renewal has been filed. Also, since she is using AP there will be secondary screening at the airport. This is normal procedure, and will take an extra few minutes. You can choose to go for H4 stamping now, since that would allow for entry using H4 and hence, a longer I94. Alternately enter using AP, and file for its renewal. There is no COS for AP, since AP does not confer any status and hence no change of status. Once you use AP, you have to keep using it or else you risk abandoning your I485.

[sipuser55]

First of a bit of semantics here: You do not use EAD to enter. EAD is for employment authorization. You use AP to enter. Having said that, yes, she can enter the US using her AP. Her I94 will be set to the expiry date of AP, and there might be questions regarding whether a renewal has been filed. Also, since she is using AP there will be secondary screening at the airport. This is normal procedure, and will take an extra few minutes. You can choose to go for H4 stamping now, since that would allow for entry using H4 and hence, a longer I94. Alternately enter using AP, and file for its renewal. There is no COS for AP, since AP does not confer any status and hence no change of status. Once you use AP, you have to keep using it or else you risk abandoning your I485.

Thank you for the clarification. Yes I mean AP. we got EAD and AP card togethere.
Our Current date is : Nov 15th 2008. expecting to be current in this month (or) next month..

if she enters in AP with Expiry date of 1/31/2018. I94 will be given to 1/31. How to get the I94 extension?
we applied for Renewal to Nebraska service center. Now my Attorney is telling they might abandone it as she travelled...
Case1: if it is not abandoned how to get I94 extension.
case2 : if it is abandoned we can reapply but what will happen to status in USA?
she does not work.
can we stay based on H4?

[scientist2016]

Thank you for the clarification. Yes I mean AP. we got EAD and AP card togethere.
Our Current date is : Nov 15th 2008. expecting to be current in this month (or) next month..

if she enters in AP with Expiry date of 1/31/2018. I94 will be given to 1/31. How to get the I94 extension?
we applied for Renewal to Nebraska service center. Now my Attorney is telling they might abandone it as she travelled...
Case1: if it is not abandoned how to get I94 extension.
case2 : if it is abandoned we can reapply but what will happen to status in USA?
she does not work.
can we stay based on H4?

Once you file for a renewal of your EAD/AP card, along with their renewal your legal stay duration would also be extended. So you need not do anything else.
The whole purpose of AP is to allow for travel, so I do not see why your I485 will be deemed abandoned. If you are indeed worried about it, get H4 stamped, and enter using H4. In that case, you will have time to re-file I485, if needed.

[sipuser55]

Once you file for a renewal of your EAD/AP card, along with their renewal your legal stay duration would also be extended. So you need not do anything else.
The whole purpose of AP is to allow for travel, so I do not see why your I485 will be deemed abandoned. If you are indeed worried about it, get H4 stamped, and enter using H4. In that case, you will have time to re-file I485, if needed.

Sorry let me make my question more clear.
-> I485 is in process.
EAD/AP expires on 1/31/2018. planning to enter US on 12/15/2017.
EAD/AP/I-131..are applied in Aug 2017. I was said as we travelled out of country this EAD/AP might be abandoned.

if we enter USA using EAD, I04 will be given up to 1/31/2018
case1:
if the EAD/AP is abanded because we are out of country . than what will be the status?
Case2:
renewed EAD/AP might not have reached by 1/31/2018, than after 1/31/2018 what we should do?
case 3
if EAD is reached by 1/31/2018, how can I get I94 extension.

[sipuser55]

Sorry let me make my question more clear.
-> I485 is in process.
EAD/AP expires on 1/31/2018. planning to enter US on 12/15/2017.
EAD/AP/I-131..are applied in Aug 2017. I was said as we travelled out of country this EAD/AP might be abandoned.

if we enter USA using EAD, I04 will be given up to 1/31/2018
case1:
if the EAD/AP is abanded because we are out of country . than what will be the status?
Case2:
renewed EAD/AP might not have reached by 1/31/2018, than after 1/31/2018 what we should do?
case 3
if EAD is reached by 1/31/2018, how can I get I94 extension.

Can you please help me with the queries:
-> I485 is in process.
EAD/AP expires on 1/31/2018. planning to enter US on 12/15/2017.
EAD/AP/I-131..are applied in Aug 2017. I was said as we travelled out of country this EAD/AP might be abandoned.

if we enter USA using EAD, I04 will be given up to 1/31/2018
case1:
if the EAD/AP is abanded because we are out of country . than what will be the status?
Case2:
renewed EAD/AP might not have reached by 1/31/2018, than after 1/31/2018 what we should do?
case 3
if EAD is reached by 1/31/2018, how can I get I94 extension.

[scientist2016]

Can you please help me with the queries:
-> I485 is in process.
EAD/AP expires on 1/31/2018. planning to enter US on 12/15/2017.
EAD/AP/I-131..are applied in Aug 2017. I was said as we travelled out of country this EAD/AP might be abandoned.

if we enter USA using EAD, I04 will be given up to 1/31/2018
case1:
if the EAD/AP is abanded because we are out of country . than what will be the status?
Case2:
renewed EAD/AP might not have reached by 1/31/2018, than after 1/31/2018 what we should do?
case 3
if EAD is reached by 1/31/2018, how can I get I94 extension.

You can have only 1 AP at any given time. So, once you enter using the current valid AP, your I94 will be until the expiry of your EAD/AP. If you file for EAD/AP renewal, your EAD will automatically be extended for 180 days, so you should be fine until you receive the renewed EAD card. You cannot travel in the mean time though, since AP is not automatically renewed.