Urgent - EAD/AP

[ruchitab]

I applied for I-485 and EAD/AP on August 1, 2007 and my wife (she is also on H1) is included as part of my application.

My 6 year H1 visa is expiring on december 15, 2007 and my wife's visa is expiring in November 2008. We need to go to india in January 2008.

I have already applied for I-140 and waiting for the approval/application is pending.

Do I need to have my I-140 approved to get EAD and AP?

How long it takes from submitting I-485, EAD, and AP, and actually getting EAD and AP in hand.

If I get EAD and AP, then can I start using it. If I use it, do my wife also has to use it since she is included in my application?

Is it OK to be on EAD or on H1B after 6 years.

Thanks in advance for your help,

Shekhar

[waitin_toolong]

No the I-140 does not have to be approved for EAD/AP

time for approval depends on workload of the center where you filed. Though usually 3-4 months but with the current anticipated work load can be 6-9 months.

you can start using EAD by updating the I-9 with your employer and then your wife will lose H4 as you will no longer be H1 and her status will be as yours AOs pending. You will need to use AP to reenter, and AP has to be approved before you leave USA.

though it is advisable to wait to use EAD only after I-140 has been approved to prevent out-of-status issues if I-140 gets denied.

You can maintain H1/4 by applying for extensions based on pending applications.

[ruchitab]

Thanks for the reply

Shekhar