Urgent help

[sha]

Our current H1/H4 on Passport will expire on 04-24-2009. My company has already applied for renewal but we have got a RFE. We will provide all the evidences by this week. The issue is -
My family is already in India and I have not renewed EAD/AP which are already expired. i thought since I don't have plan for change my job, no need for EAD. I am also going to India for 2 weeks in Feb 20 to Mar 08.

1- Can I apply EAD only now just to cover in case of any issue in H1 petition approval?
2 - Can I apply EAD/AP now and since it takes 3 months to process, I can travel when those are in process? I have valid H1 stamped until 04/24/09 so there shouldn't be any issue to come back.
3 - Should I wait until my H1 petition get approve?

[txh1b]

1. Yes
2. AP has to be approved before you leave if you intend to use it. If you can enter on H1b before your return date, you will be fine.
3. Wait for what?

https://www.immihelp.com/maintaining-h-l-status-vs-using-ead-ap-after-filing-adjustment-of-status/

[sha]

Urgent Help

Thanks txh1b for your response.

I will use my current H1 for reentry. Means I can apply for EAD only and can apply AP later in case of H1 get rejected for some reason.
- Should I wait for travel to India untill renewal H1 petition get approve?

thanks

[txh1b]

Travel on a pending H1b case is never recommended.

[sha]

Urgent Help

Thanks for your response.
But I have valid stamp on my passport, which is valid until April 24 and I will come back on March 08. I am not going to use my new Visa, which is pending, in any case.

Please reply. Now I am tensed after your previous response. unfortunately i couldn't check for few days.

[txh1b]

Read "cloning" on the forum.

[sha]

Urgent Help

Sorry, Couldn't get you. What and where cloning?

[txh1b]

Search the forum for the keyword.

if you re-enter prior to the extension, you will get the I-94 only till the DOE of visa. This would mean the company has to file for another extension right after your return. If you get the new approval notice, carry it ans show it at POE and the I-94 will be issued until the validity of the petition

http://www.uscis.gov/files/pressrelease/Travpub.pdf

My suggestion, upgrade to premium and travel only after getting the approval. Cloning thread concepts will work fine. Talk to your attorney. None of them will be in favor of travel on a pending petition even if there is precedence.

[sha]

Urgent Help

Thansk txh1b for your suggestion.
But my family has already left. What about them? We have filed H4 extension for them.
I will ask my attorney to upgrade it to premium processing so that it can be done before I travel.

[txh1b]

As long as your family left prior to expiration of their I-94s, I see no issues for them. They can return with you or carry your approved I797 as usual.

[sha]

Urgent Help

Thanks again txh1b and sorry to carry it for so long.
I just spoke with my attorney and she said since you are not changing your status and your company, there is no issue for you to travel while visa is in process. You can get your visa stamped in your next visit or later on from any other country.

However I agree with your logic "if you re-enter prior to the extension, you will get the I-94 only till the DOE of visa. This would mean the company has to file for another extension right after your return." but attorney said you will get new attached I94 alongwith your approval notice.

[txh1b]

You are not reading the entire contents of the threads that I am asking you to read. I said the same thing. Cloning will work fine like your attorney said and like I posted in my earlier posts but I would not suggest it.

http://www.immihelp.com/forum/showthread.php?t=40801

http://www.immihelp.com/forum/showthread.php?t=41632

[sha]

Urgent Help

Thanks again thx1b for your continous support.
I have asked attorney to upgrade to start premium processing for my H1 renewal. please help me to come out from other dilemma.
- Can I apply EAD now while my H1B renewal is in process with RFE?
- If yes, Can I travel out of country while my EAD processing is in process?
- Worst case - if H1 doesn't approve, can we stay in USA until EAD process, since we have I-485 is in process?

[txh1b]

You can apply for EAD. If you are afraid that the H1b might get denied, you should travel with an approved AP that will allow you to come back as a parolee.

In your case, as you plan on entering on H1b, you should be fine as long as your current H1b is valid at the time of your return and you have the job. Once you return, you can become a parolee.

Read the H1 vs. EAD link.

https://www.immihelp.com/maintaining-h-l-status-vs-using-ead-ap-after-filing-adjustment-of-status/