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GotFreedom?
07-22-2009, 06:38 PM
Hi guys,

I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.

I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?

I am still working on H1 and she is a parolee.

Thanks in advance fopr the responses.

sledge_hammer
07-22-2009, 06:40 PM
No

hi guys,

i bet this question must have been asked before but i couldn't find the relevant thread so i'm asking again. Apologies if its a repeat.

I am maintaining my h1-b while my aos is pending. Last year my wife went to india while she had valid h4 (not stamped in passport) and ap documents. She did not get her visa stamped and reentered the country using the ap with no issues. He i-94 said parolled till some date, march 2009. I totally forgot about it and never renewed her ap or mine. Does it pose any kind of threat to her legal status in the us and aos?

I am still working on h1 and she is a parolee.

Thanks in advance fopr the responses.

lagsam
07-22-2009, 08:26 PM
We have the same case. Our AP's (mine, my wife's and daughter's) are expiring next month. Fortunately, I have a close friend and an immigration attorney.

He said that it is not mandatory to renew the APs. Unless to you wanted to travel outside of the US, then you will need to renew your APs. If they are expired, you need to apply for a new one.

Three of us are paroled.

He also explained that it will not affect your AOS.

I hope I was able to help you.

FYI--this was the explaination of my immigration attorney. I am not an immigration attorney myself.

Goodluck

nousername
07-22-2009, 08:44 PM
No, not at all.. It is just a safety net, which one can use if they switch to EAD i.e. use AC21.

mantagon
07-23-2009, 10:54 AM
AP is not a status, it is just a travel authorization. So, you may let it expire and then when you need it again, you apply for a new one, to be used for re-entry to the US.

Hope this helps!

Hi guys,

I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.

I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?

I am still working on H1 and she is a parolee.

Thanks in advance fopr the responses.

sundeep14
07-23-2009, 11:09 AM
as folks mentioned above it is totally ok to not renew AP...do it if u travellin in the next few months...

on a side note...do people here know the average time it is takin to renew AP nowdays....TSC......paper and/or electronic..?

I had put in EAD renewal at TSC and got the approved EAD in hand within a month ...that was really good speed...anyone has info on AP approval timelines???

GotFreedom?
07-23-2009, 11:48 AM
Thank you for all the responses.

One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?

How does one prove the legal status in the country?

mantagon
07-23-2009, 12:02 PM
is in RED.

Thank you for all the responses.

One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?
Not much, really!

How does one prove the legal status in the country?
Since your wife entered the US by showing AP, her legal status is "Pending AOS" and the proof is the USCIS receipt notice of I-485 that you filed for her!

rcr_bulk
07-23-2009, 12:22 PM
as folks mentioned above it is totally ok to not renew AP...do it if u travellin in the next few months...

on a side note...do people here know the average time it is takin to renew AP nowdays....TSC......paper and/or electronic..?

I had put in EAD renewal at TSC and got the approved EAD in hand within a month ...that was really good speed...anyone has info on AP approval timelines???

My AP got approved in about a month. I applied some time between 7-10 of last month and I got it on 10th of this month.

ebizash
07-23-2009, 01:16 PM
Don't mean to hijack this thread but since my question is related to AP renewal I thought I would. OP if you have problem with this question, let me know and I will delete this post.

I will be applying for AP renewal online for myself and my wife. This will be our 3rd AP (2nd renewal). The only problem is we never received the I-485 physical receipt (we know the LIN no. as well as A#) for her. So far my attorney had been filing the renewals but this time I want to save money and do it myself. I think its kind of stupid to pay 600-800 to attorney for such a simple task.

Has anyone been in this situation? Can anyone suggest, what other document we could use such as copy of prior APs, EADs, FP notices etc?

dealsnet
07-23-2009, 02:55 PM
AP expiry doesn't mean out of status. If paroled into US and the I-485 is in process means no problem.
But if you are on EAD and not renewed EAD means, you can't work till you have received a new EAD.

AP need only going abroad. IT IS BETTER TO HAVE IN HAND, FOR USING AN EMERGENCY TRAVEL.

suren26
07-24-2009, 01:12 PM
I have question Need Urgent reply

I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial

my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.

mantagon
07-24-2009, 01:32 PM
Did you say your H1 was valid till Feb 2009? In that case, at this point, you are out of status.

I have question Need Urgent reply

I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial

my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.

suren26
07-24-2009, 01:40 PM
Thank for reply.
I am Sorry, it was typo it is valid till FEB 2010. But does it make me legal to stay here event if my I140 amd I 485 is denied and appealed
Received the I140 appeal receipt waiting for I485 appeal receipt

dealsnet
07-24-2009, 01:44 PM
If your appeal for I-140 & I-485 in process, you are legal, and if you have unexpired EAD, you can work.

If you have H1 renewed (less than 6 years) you can work irrespective of I-485 appeal result. If you are more than 6 years in H1B, you have to go back, if your appeal (MTR) is denied. (more than 6 years of extension is based on approved I-140)
WHAT IS YOUR LAWYER'S OPINION ???
I have question Need Urgent reply

I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial

my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.

suren26
07-24-2009, 01:54 PM
My LAWYER is saying the same that i am leagal till FEB 2010(compelting 6 yrs). He is asking me to renew the H1B for 1 year based on I140 appeal. and apply for new LC & and I140 based on that and if it gets approved then rebew H1B for 3 yrs based in new approved I140.

But some threads are saying that if you I485 gets denied then you have to reinstate the H1B, Is that true?