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  • Renewal EAD/AP Dilemma

    Hello!

    I have a dilemma, I'm about to send in forms I-765 and I-131 in order to renew my EAD/AP.
    The dilemma is that I have planned vacation to Europe over Christmas. My EAD/AP is set to expire in February 2019 so I definitely want to send in these docs now. However I've heard you can't have a pending AP application while travelling even if you have a current valid one (it will be denied), if anyone have had personal experience please let me know. I'm thinking of not to apply for AP and only send in EAD application now to avoid that.

    A)If I do that can I travel still?
    B)And, If I would get the EAD card only before Christmas (unlikely) will my current EAD/AP be valid for travel?

    Any input, personal experience is highly appreciated. Thank you guys very much in advance

  • #2
    Originally posted by Joemag View Post
    Hello!

    I have a dilemma, I'm about to send in forms I-765 and I-131 in order to renew my EAD/AP.
    The dilemma is that I have planned vacation to Europe over Christmas. My EAD/AP is set to expire in February 2019 so I definitely want to send in these docs now. However I've heard you can't have a pending AP application while travelling even if you have a current valid one (it will be denied), if anyone have had personal experience please let me know. I'm thinking of not to apply for AP and only send in EAD application now to avoid that.

    A)If I do that can I travel still?
    B)And, If I would get the EAD card only before Christmas (unlikely) will my current EAD/AP be valid for travel?

    Any input, personal experience is highly appreciated. Thank you guys very much in advance
    Your renewal AP would get denied if you leave while it?s processing. You should wait to reapply for that until you get back. You can travel in your AP until it expires. You should go ahead and apply for the EAD. You can do it separately, they just won?t be on the same card. You could also wait to file both until you get back (late December/early Jan?) your receipt for the EAD will state that as long as you filed before the EAD expired, the receipt (you should get within 2 weeks) serves as a 180 day extension. I’d probably be on the safe side and apply the the EAD earlier.

    When I sent in renewals for my husband, the receipts had the exact same date as the interview notice. I can?t say that it possibly triggered an interview, but it may have. I?ve read other posts saying the same thing.
    Adjustment of Status c(9) 400 days
    Married: 8/18/17
    Package Sent: 10/16/17 ~~ Received (PD): 10/19/17
    I-485 Status - "Biometrics Fee Received": 10/28/17
    Biometric Appointment (11/16/17) Received: 11/3/17 Done: 11/9/17
    EAD/AP Approved: 1/4/18 (Day 77) Notices & Card Received: 1/11/18
    EAD/AP Renewal Received: 10/4/18
    Interview Notice & EAD/AP Renewal Receipts Received: 10/9/18 (Day 355)
    Interview date: 11/13/18 ~ New Card Being Produced (Day 390)
    Card in hand! 11/23/18 (Day 400)

    Comment


    • #3
      Same Dilemma

      Hi, I have exact same problem and my EAD/AP expires also in February. What documents are you planning to send for the renewal and should we pay fees for both: EAD and AP?

      Comment


      • #4
        Same Dilemma

        What documents are you planning to send for renewal and should we pay fee for both also?

        Comment


        • #5
          Originally posted by miiki View Post
          Your renewal AP would get denied if you leave while it?s processing. You should wait to reapply for that until you get back. You can travel in your AP until it expires. You should go ahead and apply for the EAD. You can do it separately, they just won?t be on the same card. You could also wait to file both until you get back (late December/early Jan?) your receipt for the EAD will state that as long as you filed before the EAD expired, the receipt (you should get within 2 weeks) serves as a 180 day extension. I?d probably be on the safe side and apply the the EAD earlier.

          When I sent in renewals for my husband, the receipts had the exact same date as the interview notice. I can?t say that it possibly triggered an interview, but it may have. I?ve read other posts saying the same thing.
          Thank you very much for your reply, I will go ahead and file form I-765 for the EAD and wait to renew the AP when I?m back to be safe. Thanks again!

          Comment


          • #6
            Originally posted by myghueb View Post
            Hi, I have exact same problem and my EAD/AP expires also in February. What documents are you planning to send for the renewal and should we pay fees for both: EAD and AP?
            Depends what category you?re in, if I?m not incorrect your fee is waived for form I-765 & I-131 if you have a pending I-485 AOS provided that you include a copy of the receipt notice I-797c for the i-485 application showing you?ve paid that fee.

            From the instructions:
            ?
            4. (c)(9) or (c)(16) Any current Adjustment of Status or Registry applicant who filed for adjustment of status on or after July 30, 2007, and paid the appropriate Form I-485 filing fee. If you file Form I-765 separately from your Form I-485, you must also submit a copy of your Form I-797C Notice for Form I-485, as evidence of filing Form I-485 on or after July 30, 2007, and payment of the appropriate form filing fee. If you did not pay the appropriate Form I-485 filing
            fee because your filing fee was waived or you are exempt from paying it, you must pay the Form I-765 filing fee or request that the filing fee be waived.?

            ?NOTE: If you filed Form I-485 on or after July 30, 2007, and you paid the Form I-485 application fee required, then no fee is required to file a request for an Advance Parole Document or Refugee Travel Document on Form I-131 if your Form I-485 is still pending, if:
            1. You now hold U.S. refugee or asylee status, and are applying for a Refugee Travel Document (see Part 2. Application Type, Item Number 1.b. of Form I-131); or
            2. You are applying for an Advance Parole Document to allow you to return to the United States after temporary foreign travel (see Part 2. Application Type, Item Number 1.d. of Form I-131).
            Form I-131 Instructions 12/23/16 N Page 12 of 15
            Under these circumstances, you may file Form I-131 together with your Form I-485, or you may submit Form I-131 at a later date. If you file Form I-131 separately, you must also submit a copy of your Form I-797, Notice of Action, receipt as evidence that you filed and paid the fee for Form I-485 required on or after July 30, 2007.?

            Comment


            • #7
              Originally posted by Joemag View Post
              Thank you very much for your reply, I will go ahead and file form I-765 for the EAD and wait to renew the AP when I?m back to be safe. Thanks again!
              In addition, traveling while my EAD card application for renewal is pending is not a problem right? Since I already have my EAD/AP valid during my travels. If anyone has experience please let me know, thanks a lot

              Comment


              • #8
                Originally posted by myghueb View Post
                Hi, I have exact same problem and my EAD/AP expires also in February. What documents are you planning to send for the renewal and should we pay fees for both: EAD and AP?
                I am in the same situation ? Is any one have answer to this question?

                Comment


                • #9
                  This is an interesting discussion, what triggered me is the EAD renewal.
                  I somehow thought it will always be 180 days after the expiration date.

                  Are we now saying that if you file say 5 months before your EAD expires, you basically only get 1 month extension?
                  This is my opinion, not legal advice!

                  AOS (c9) 2 USC 485/130/131/765
                  122017 - PD
                  012518 - Biometrics
                  033118 - EAD/AP Combo card delivered
                  062618 - "Case is Ready to Be Scheduled for An Interview"
                  082618 - "we scheduled an interview for your Form I-485"
                  090418 - 2nd we scheduled
                  091018 - first interview canceled
                  092118 - Request to reschedule int
                  102318 - Renewal filed EAD/AP
                  030819 - EAD/AP Card in hand
                  040219 - We canceled your int
                  040519 - Int sched
                  051419 - Interview
                  053119 - approved

                  Comment


                  • #10
                    Originally posted by boogiewoogie View Post
                    This is an interesting discussion, what triggered me is the EAD renewal.
                    I somehow thought it will always be 180 days after the expiration date.

                    Are we now saying that if you file say 5 months before your EAD expires, you basically only get 1 month extension?
                    No, you can begin the renewal as early as 6 months before current EAD expires. The receipt extends the expiration date on the current card by 180 days. It doesn't matter if you apply 5.5 months before or 1 month before. You'll still get the same 180 days beyond the EAD's expiration date.

                    - - - Updated - - -

                    Originally posted by Joemag View Post
                    In addition, traveling while my EAD card application for renewal is pending is not a problem right? Since I already have my EAD/AP valid during my travels. If anyone has experience please let me know, thanks a lot
                    Traveling should not affect the EAD renewal.

                    - - - Updated - - -

                    Originally posted by myghueb View Post
                    What documents are you planning to send for renewal and should we pay fee for both also?
                    It depends on the basis of your original EAD. If you are an c(9) AOS, there is no fee. You need to send in all of the evidence that is requested on the instructions.
                    Adjustment of Status c(9) 400 days
                    Married: 8/18/17
                    Package Sent: 10/16/17 ~~ Received (PD): 10/19/17
                    I-485 Status - "Biometrics Fee Received": 10/28/17
                    Biometric Appointment (11/16/17) Received: 11/3/17 Done: 11/9/17
                    EAD/AP Approved: 1/4/18 (Day 77) Notices & Card Received: 1/11/18
                    EAD/AP Renewal Received: 10/4/18
                    Interview Notice & EAD/AP Renewal Receipts Received: 10/9/18 (Day 355)
                    Interview date: 11/13/18 ~ New Card Being Produced (Day 390)
                    Card in hand! 11/23/18 (Day 400)

                    Comment


                    • #11
                      Originally posted by miiki View Post
                      No, you can begin the renewal as early as 6 months before current EAD expires. The receipt extends the expiration date on the current card by 180 days. It doesn't matter if you apply 5.5 months before or 1 month before. You'll still get the same 180 days beyond the EAD's expiration date.

                      - - - Updated - - -



                      Traveling should not affect the EAD renewal.
                      Thanks miiki! renewal will be mailed out today then
                      This is my opinion, not legal advice!

                      AOS (c9) 2 USC 485/130/131/765
                      122017 - PD
                      012518 - Biometrics
                      033118 - EAD/AP Combo card delivered
                      062618 - "Case is Ready to Be Scheduled for An Interview"
                      082618 - "we scheduled an interview for your Form I-485"
                      090418 - 2nd we scheduled
                      091018 - first interview canceled
                      092118 - Request to reschedule int
                      102318 - Renewal filed EAD/AP
                      030819 - EAD/AP Card in hand
                      040219 - We canceled your int
                      040519 - Int sched
                      051419 - Interview
                      053119 - approved

                      Comment

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