Priority date current? Not anymore :(
#347
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Joined: Jun 2007
Location: UK-Indonesia-US
Posts: 1,828
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My questions is what happens if I only work temporarily, stop work and then need to travel but the H4 is out of date but I am not working any longer? Am I out of status as I am not working and the H4 is out of date too?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?
My questions is what happens if I only work temporarily, stop work and then need to travel but the H4 is out of date but I am not working any longer? Am I out of status as I am not working and the H4 is out of date too?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?
#348
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,182
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My questions is what happens if I only work temporarily, stop work and then need to travel but the H4 is out of date but I am not working any longer? Am I out of status as I am not working and the H4 is out of date too?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?
My questions is what happens if I only work temporarily, stop work and then need to travel but the H4 is out of date but I am not working any longer? Am I out of status as I am not working and the H4 is out of date too?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?
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...
#349
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Joined: Jun 2007
Location: UK-Indonesia-US
Posts: 1,828
Re: Priority date current? Not anymore :(
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...
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...
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.
#350
Forum Regular
Joined: Jan 2007
Location: Santa Clara, CA
Posts: 118
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.
#351
Re: Priority date current? Not anymore :(
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.
#352
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,182
Re: Priority date current? Not anymore :(
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.
#353
Re: Priority date current? Not anymore :(
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.
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.
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.
#354
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Joined: Jun 2007
Location: UK-Indonesia-US
Posts: 1,828
Re: Priority date current? Not anymore :(
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.
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.
You lot actually speak plain English and make sense.
I think I understand now so thanks for the answers.
#355
Re: Priority date current? Not anymore :(
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.
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.
Meauxna put it so much better.
#356
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.
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.
#357
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,182
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.
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.
If you want real information, better make an Infopass appointment...
#359
Forum Regular
Joined: Jan 2007
Location: Santa Clara, CA
Posts: 118
Re: Priority date current? Not anymore :(
#360
Account Closed
Joined: Sep 2002
Posts: 16,266
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?
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?
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.