AP/EAD

[mmy]

Hi

I have the following question/situation.

Immigrant status:
Applied for green card in March 99 and got I-140 Cleared in EB-3 and Applied for Adjustment of Status
in December 99. I -485 Receipt date is December 15th, 1999. And got EAD&AP on Jan20th , 2000.
And also applied for EAD&AP extn on October 2000. And got approved AP till October 2001.

Non Immigrant Status:
My wife is on H-1 till Feb,2000. Then she went on leave. As she got EAD her employer asked her
to continue her leave on EAD status than H1.Then they revoked the H1 after she got the EAD.
As she is on leave , she never got any pay check on EAD. After revoking H1, She has not applied for any change of nonimmmigrant status.

Question: We are worried on whether she is out of status any point of time after her H1 got revoked
in Feb'00. Rani went to India in October'00 and coming back on Jan19th,2001. She is going to produce the following documents at the port of entry.
1. I-485 receipt
2. Approved EAD
3. Advance Parol
4. w-2 forms of previous years.

Can you please give a suggestion.

Thanks in advance
MMY

[krb]

my 2cents

From your description, you/your queen (rani) should have no problem. Once you get your 485 notice, you wont be out of status whether you apply for EAD/AP/maintain H1/H4 or not. In order to work your wife should have an EAD, which she had. So no problem. Again, to travel, she needs AP (because her H-1 is revoked) ... therefore, no problem again. If she has her AP & 485 receipt, she should be fine when she re-enters. Another point: even if she gets an EAD, she doesnt need to work (its up to you) to maintain status. Hope this clears most of your concerns.

[Nalin123]

Re: my 2cents

Help appreciated. Please reply.
H1B expires before 90 days of applying EAD/485/AP, so cant get Interim EAD. Can taking unpaid vacation from company and then starting again after getting Interim EAD is an option?
Does unpaid vacation means I was not working duing period I didnt had EAD or is it still considered a voilation. How is it going to affect my 485 in regards to chances of rejection?
Thanks

[snr]

Re: my 2cents

it is my understanding that the worst case scenario is we pay a penalty of $1,000. There is also a rumour that if it happened due to the market conditions, the INS is sensitive about it.

[snr]

Re: my 2cents

What if one loses job just after filing I-485 and EAD/AP? Is it legal to stay here and look for another Job?

Attorney : Yes, once I-485 is filed, the person is considered in valid status, so one can look for another job. With AC21 now, if the INS does not adjudicate the case within 180 days the person can also get GC with the already filed I-485, based upon similar job offer from another employer.