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Between H1 and EAD

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  • Between H1 and EAD

    Here is my situation, do give your opnions.
    My husband and I are on separate H1 visa. My husband has a stamping and I dont.
    His visa is valid till April 10th 2008 and mine is valid till September 2009.
    My husbands company applied for 485 and we just got the date to go for fingerprints. I am added as spouse.

    We might soon be applying for EAD.

    We want to travel to India in Feb-Mar 2008.

    1. We would like to know if its a good decision to travel to India in this situation.
    2. If we get the EAD in December end 2007, how long does it take to apply and get AP?
    3. If we dont get the AP before we leave for India in Mid Feb, what will happen if my husband returns to US only on 22nd march 2008 given the fact that his H1 is expiring on 10th April 2008? Will he be allowed to get into US when there is only a few days remaining in his valid period of stay. His company will renew his H1.
    I know I have to get my stamping in this case.

  • #2
    in Bold.

    Originally posted by indian_national
    Here is my situation, do give your opnions.
    My husband and I are on separate H1 visa. My husband has a stamping and I dont.
    His visa is valid till April 10th 2008 and mine is valid till September 2009.
    My husbands company applied for 485 and we just got the date to go for fingerprints. I am added as spouse.

    We might soon be applying for EAD.

    We want to travel to India in Feb-Mar 2008.

    1. We would like to know if its a good decision to travel to India in this situation. It is ok.
    2. If we get the EAD in December end 2007, how long does it take to apply and get AP? You can apply as soon as they file the I-485.
    3. If we dont get the AP before we leave for India in Mid Feb, what will happen if my husband returns to US only on 22nd march 2008 given the fact that his H1 is expiring on 10th April 2008? Will he be allowed to get into US when there is only a few days remaining in his valid period of stay. His company will renew his H1. That is at the discretion of the Immigration Officer. But you two can use your H1 visas to travel.
    I know I have to get my stamping in this case.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

    Comment


    • #3
      Thank you for your inputs.
      Our EAD and AP application was filed yesterday.
      any idea how long it will take to receive EAD and AP?

      Comment


      • #4
        60-90 days from the Receipt Date.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

        Comment


        • #5
          Thank you.

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