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Traveling while EAD/AP renewal pending

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Posted by lucifergil (43) 12 Oct 2017#1
Hi,

I have my current EAD/AP card, based on a pending I-485, valid until 04/29/2018. I want to submit a renewal for it since it expires less than 180 day from now. I need to travel abroad for work in December for a week.
Will the application be denied if I leave the US? I have already traveled and returned to the US with my AP card. Should I wait to submit it after I return?

Thank you,
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Posted by ma64732 (20) 13 Oct 2017#2
to lucifergil:

I'm in a similar situation too. Mine expires on 03/28/2018. But I thought that we cannot file until 120 days prior to expiration when we are seeking both the work and travel document extensions? Could you please send me the link on where you saw 180 days?
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Posted by vmanoj (100) 13 Oct 2017#3
Please refer to my thread. It has answer to your questions.

http://www.trackitt.com/usa-discussion-forums/i...
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Posted by lucifergil (43) 13 Oct 2017#4
to vmanoj:

Thanks, your post is very helpful.

To ma64732:
About the renewal timeframe the USICS website states:

"If you are still eligible for employment authorization but your EAD will be expiring or has expired, you should file for a renewal EAD by submitting a new Form I-765 and filing fee (if required), unless a fee waiver is requested and approved. Generally, you should not file for a renewal EAD more than 180 days before your original EAD expires."

My interpretation is that you can file when you have 180 or less days left until your current EAD expires.
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Posted by ma64732 (20) 13 Oct 2017#5
to lucifergil:

That's fine if you want to file AP and EAD separately. But since AD is 120 days prior if you want to do both it is limited by whichever is smaller number of days, which is 120. Check with your lawyer to verify.
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Posted by Sridhar81 (130) 16 Oct 2017#6

Hi,

I have my current EAD/AP card, based on a pending I-485, valid until 04/29/2018. I want to submit a renewal for it since it expires less than 180 day from now. I need to travel abroad for work in December for a week.
Will the application be denied if I leave the US? I have already traveled and returned to the US with my AP card. Should I wait to submit it after I return?

Thank you,

to lucifergil:



See below..
https://www.murthy.com/2017/08/10/uscis-denying-...

I have seen quite a few posts whose AP were denied while travel!!! See the following post...

http://www.trackitt.com/usa-discussion-forums/i...

Better to apply for renewal after December. Good Luck!!!
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Posted by Sridhar81 (130) 17 Oct 2017#7


Hi,

I have my current EAD/AP card, based on a pending I-485, valid until 04/29/2018. I want to submit a renewal for it since it expires less than 180 day from now. I need to travel abroad for work in December for a week.
Will the application be denied if I leave the US? I have already traveled and returned to the US with my AP card. Should I wait to submit it after I return?

Thank you,

to Sridhar81:



See below..
https://www.murthy.com/2017/08/10/uscis-denying-...

I have seen quite a few posts whose AP were denied while travel!!! See the following post...

http://www.trackitt.com/usa-discussion-forums/i...

Better to apply for renewal after December. Good Luck!!!



Please see below too. Updated and latest.

https://www.murthy.com/2017/08/25/murthy-takes-a...
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Posted by lisaanderson (3840) 22 Oct 2017#8
to lucifergil:

There are reports of AP denials due to travel while the application is pending. This is a definite change from previous practice.
If, after December, you have no immediate need to travel again, best thing to do is wait until you come back. Either way, you can continue working on the EAD for 180 days past the expiration as long as the renewal is pending.
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Posted by AbhiIndia (114) 16 Jan 2018#9
to ma64732:

Looks like EAD can be applied 180 days ahead but not sure if AP can be applied sooner. I did hear from other post that both can be applied 180 days earlier.
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Posted by joelae (24) 22 Jan 2018#10
I read about the AP denials due to travel when the application was pending (e.g. https://www.murthy.com/2017/08/10/uscis-denying-...).

I applied for AP renewal in Dec 2017, as a replacement for my current AP which expires June 2018. After that, I traveled overseas and back, reentering on my current (and valid) AP earlier this month. Is my AP renewal doomed? Can I and should I retract it and refile?
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Posted by a1be (135) 22 Jan 2018#11
to joelae:

I cannot find a clear answer so I called USCIS and spoke with a level II officer -- two of them, actually. The first one didn't let me ask the question and kept thinking I was talking about traveling without an AP, or other issues. The second one wasn't aware of the issue until I pointed out the instructions on the I-131 form, and she said that doesn't apply to renewals. I didn't trust her answer at all because she had no knowledge about the issue at all.

Given the reports we have read, it seemed/seems that the Texas center was denying them and Nebraska was not. It's not clear what the rules are.
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Posted by june82 (31) 04 Feb 2018#12
This is a very unique situation and I need some urgent advise. 

To start with, I was on H1B and got my EB1A I-140 approved in April 2017 and applied for AOS in April 2017 and received my EAD/AP in June 2017. While my AOS is pending, I got married in September 2017 and my wife came to US on H4 and applied for AOS/EAD/AP as beneficiary derivative of my approved I-140. She had her biometrics in December 2017 and she left US since she was still studying in my home country. 

I January 2018, my AOS is approved and my wife is outside US on H4 with pending AOS/EAD/AP. I don't know is her H4 is still valid since she has AOS pending and if she can re-enter US. Will USCIS issue EAD/AP while she is away?

I understand this is very complicated situation. But any inputs are highly appreciated.
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