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Old Nov 9th 2007, 6:03 am
  #346  
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Default Re: Priority date current? Not anymore :(

Originally Posted by carlfarey
No Need to slap the postman, it came today.
Now you can both get your gun permit ..
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Old Nov 14th 2007, 3:07 am
  #347  
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Default Re: Priority date current? Not anymore :(

Ok so now I have this damn EAD and AP thingy I am more confused than ever. EAD is only valid for a year and the lawyer says that when I am traveling I must use a H4 (current one runs out in May 08) or the AP / EAD only IF I am working.
My questions is what happens if I only work temporarily, stop work and then need to travel but the H4 is out of date but I am not working any longer? Am I out of status as I am not working and the H4 is out of date too?
And does anyone know if the december bulletin is out yet?
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Old Nov 14th 2007, 4:20 am
  #348  
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Default Re: Priority date current? Not anymore :(

Originally Posted by Adnams
Ok so now I have this damn EAD and AP thingy I am more confused than ever. EAD is only valid for a year and the lawyer says that when I am traveling I must use a H4 (current one runs out in May 08) or the AP / EAD only IF I am working.
My questions is what happens if I only work temporarily, stop work and then need to travel but the H4 is out of date but I am not working any longer? Am I out of status as I am not working and the H4 is out of date too?
And does anyone know if the december bulletin is out yet?
I think once you activate the EAD by working you need AP even if you 'stop + start'. I suppose you could try and argue otherwise, but do you really want to argue with an officer at the POE...

You have applied for AOS, so you are in 'pending adjustment' status - which will continue until your case is adjudicated. Your husband will remain in H1b status as long as his visa remains valid, i.e. he doesn't need AP.

If you are still waiting for adjudication 3 months before your EAD runs out, you need to file for renewal (plus new AP if you want to travel).

It's expensive...
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Old Nov 14th 2007, 6:06 am
  #349  
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Default Re: Priority date current? Not anymore :(

Originally Posted by Elvira
I think once you activate the EAD by working you need AP even if you 'stop + start'. I suppose you could try and argue otherwise, but do you really want to argue with an officer at the POE...

You have applied for AOS, so you are in 'pending adjustment' status - which will continue until your case is adjudicated. Your husband will remain in H1b status as long as his visa remains valid, i.e. he doesn't need AP.

If you are still waiting for adjudication 3 months before your EAD runs out, you need to file for renewal (plus new AP if you want to travel).

It's expensive...
Okay so I can stop and start work on an EAD that was my worry, that I wouldnt be able to re-enter if I stopped and no longer had a H4.
THe OH will keep his H1b - or rather extend it even though he has ead / ap now, just in case the AOS never comes through, but as long as I can continue EAD and stop / start work that'll work for us.

We dont pay for any of the lawyers / application fees the company does so that part doesnt worry us - its the only part of this whole thing that hasnt been a nigthmare.

We were told we should start the renewal process for the ead's / ap's at least 5 if not 6 months before the renewal date as its taking so long for everything to be processed.
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Old Nov 14th 2007, 6:36 am
  #350  
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Default Re: Priority date current? Not anymore :(

December report not out yet, last month it was posted the 5th, generally its around the 15th, I checked yesterday, not out yet.
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Old Nov 14th 2007, 6:49 am
  #351  
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Default Re: Priority date current? Not anymore :(

Originally Posted by Adnams
Okay so I can stop and start work on an EAD that was my worry, that I wouldnt be able to re-enter if I stopped and no longer had a H4.
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The AP and EAD are totally separate from each other. You'll need AP to re-enter, which you've got. Whether you have an EAD or not, or whether you've used it or not is irrelavent for re-entry purposes.
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Old Nov 14th 2007, 6:54 am
  #352  
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Default Re: Priority date current? Not anymore :(

Originally Posted by ladyofthelake
The AP and EAD are totally separate from each other. You'll need AP to re-enter, which you've got. Whether you have an EAD or not, or whether you've used it or not is irrelavent for re-entry purposes.
Sorry, but this is not quite correct. She can travel with her valid H4 as long as she has not activated her EAD - I know I did.

It is only once the EAD is activated by working that the AP is needed.

Having said that, I would not travel without AP if I had an EAD - just in case.
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Old Nov 14th 2007, 7:23 am
  #353  
 
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Default Re: Priority date current? Not anymore :(

Originally Posted by Elvira
Sorry, but this is not quite correct. She can travel with her valid H4 as long as she has not activated her EAD - I know I did.

It is only once the EAD is activated by working that the AP is needed.

Having said that, I would not travel without AP if I had an EAD - just in case.
This is how I understand it, too.
You are one thing or the other.

If H-4, you obey all H-4 rules.

If you use the EAD you become a 'pending adjustment' applicant and must use the AP to travel. EAD + AP are a package. Even if you quit the job later, you can't just revert to being H-4 because you're not working (not positive on this one, but would be a safe assumption).

If the OP has any questions on this, she really should make sure the lawyer explains it to her to HER satisfaction.
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Old Nov 14th 2007, 8:08 am
  #354  
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Default Re: Priority date current? Not anymore :(

Originally Posted by meauxna
This is how I understand it, too.
You are one thing or the other.

If H-4, you obey all H-4 rules.

If you use the EAD you become a 'pending adjustment' applicant and must use the AP to travel. EAD + AP are a package. Even if you quit the job later, you can't just revert to being H-4 because you're not working (not positive on this one, but would be a safe assumption).

If the OP has any questions on this, she really should make sure the lawyer explains it to her to HER satisfaction.
Thats why I posted on here! Everytime I speak to the lawyers they make me more confused and every statement is given with some kind of caveat which seems contradictory to their other statements.

You lot actually speak plain English and make sense.

I think I understand now so thanks for the answers.
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Old Nov 14th 2007, 10:34 am
  #355  
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Default Re: Priority date current? Not anymore :(

Originally Posted by Elvira
Sorry, but this is not quite correct. She can travel with her valid H4 as long as she has not activated her EAD - I know I did.

It is only once the EAD is activated by working that the AP is needed.

Having said that, I would not travel without AP if I had an EAD - just in case.
Yes, I am aware of that. I garbled it a bit.

Meauxna put it so much better.
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Old Nov 14th 2007, 2:19 pm
  #356  
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Default Re: Priority date current? Not anymore :(

Well, we have a bizarre stuation.
A few weeks ago we checked all our case status online things and OH's said that a document had been sent.
Didn't say what document and when we told the lawyers they said it would be a request for more information.
We haven't received this mystery document so today OH rang the helpline and asked what the document was so we could start getting whatever they wanted.
The lady he spoke to told him the "document" was his green card

How can this be? His I 140 is still pending. All our 485's are still pending. Texas are processing 485's received in August 2006.
No doubt the document will eventually arrive and all will be revealed.
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Old Nov 14th 2007, 2:32 pm
  #357  
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Default Re: Priority date current? Not anymore :(

Originally Posted by jumping doris
Well, we have a bizarre stuation.
A few weeks ago we checked all our case status online things and OH's said that a document had been sent.
Didn't say what document and when we told the lawyers they said it would be a request for more information.
We haven't received this mystery document so today OH rang the helpline and asked what the document was so we could start getting whatever they wanted.
The lady he spoke to told him the "document" was his green card

How can this be? His I 140 is still pending. All our 485's are still pending. Texas are processing 485's received in August 2006.
No doubt the document will eventually arrive and all will be revealed.
Not another misinformation line fluck-up I hope!

If you want real information, better make an Infopass appointment...
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Old Nov 14th 2007, 2:37 pm
  #358  
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Default Re: Priority date current? Not anymore :(

Originally Posted by Elvira
Not another misinformation line fluck-up I hope!

If you want real information, better make an Infopass appointment...
Or just book a ticket home....that's how I feel today.
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Old Nov 14th 2007, 4:05 pm
  #359  
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Default Re: Priority date current? Not anymore :(

http://travel.state.gov/visa/frvi/bu...etin_3841.html

One word retarded.
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Old Nov 14th 2007, 6:57 pm
  #360  
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Default Re: Priority date current? Not anymore :(

Originally Posted by Adnams
Ok so now I have this damn EAD and AP thingy I am more confused than ever. EAD is only valid for a year and the lawyer says that when I am traveling I must use a H4 (current one runs out in May 08) or the AP / EAD only IF I am working.
My questions is what happens if I only work temporarily, stop work and then need to travel but the H4 is out of date but I am not working any longer? Am I out of status as I am not working and the H4 is out of date too?
And does anyone know if the december bulletin is out yet?
Hi:

The December numbers came out on Wednesday November 14, 2007.

You do not seem to realize that a renewal of the "damn EAD" can be applied for each year while the Adjustment is pending. Same with the "AP thingy."

This may help you understand the lawyer's advice.
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