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unbreakable
12-28-2009, 01:51 PM
This is my situation -
I need to travel to India in two weeks. My EAD(No valid H1/H4) is valid till June 2011 and my current AP is valid till March 2010. I will not be returning from India till May 2010 which means my current AP will be expired by then. I can file for renewal of my AP today but looking at the current processing times, it may not get approved before March 2010.

My questions is, can I apply for my AP now and leave US before the renewal gets approved? Assuming my renewal gets approved in March 2010, my friend can mail the AP to me in India. Is it legal to enter US in May 2010 with a AP that was approved when I was in India?

sagar_nyc
12-28-2009, 04:52 PM
i think you would have to be present in US while applying the new AP. then you can travel out of Country based on your old AP.. i think once your new one approves, then someone can mail you new approved copy in India and you can extend you stay further upon expiry of the old AP.
Anyone correct me if i am missing anything.


This is my situation -
I need to travel to India in two weeks. My EAD(No valid H1/H4) is valid till June 2011 and my current AP is valid till March 2010. I will not be returning from India till May 2010 which means my current AP will be expired by then. I can file for renewal of my AP today but looking at the current processing times, it may not get approved before March 2010.

My questions is, can I apply for my AP now and leave US before the renewal gets approved? Assuming my renewal gets approved in March 2010, my friend can mail the AP to me in India. Is it legal to enter US in May 2010 with a AP that was approved when I was in India?

chris
12-28-2009, 05:02 PM
This is my situation -
I need to travel to India in two weeks. My EAD(No valid H1/H4) is valid till June 2011 and my current AP is valid till March 2010. I will not be returning from India till May 2010 which means my current AP will be expired by then. I can file for renewal of my AP today but looking at the current processing times, it may not get approved before March 2010.

My questions is, can I apply for my AP now and leave US before the renewal gets approved? Assuming my renewal gets approved in March 2010, my friend can mail the AP to me in India. Is it legal to enter US in May 2010 with a AP that was approved when I was in India?

I think you cant come on AP, if that AP is approved when you are out of country.

If you must travel, Please contact your lawyer before you leave,It is not a good idea to travel without lawyer opinion, since you dont have valid H1 stamp.

EAD is not a travel document.It is just for employment.

Other option might be try to stamp your H1b before you come here.

Nagireddi
12-28-2009, 05:39 PM
This is my situation -
I need to travel to India in two weeks. My EAD(No valid H1/H4) is valid till June 2011 and my current AP is valid till March 2010. I will not be returning from India till May 2010 which means my current AP will be expired by then. I can file for renewal of my AP today but looking at the current processing times, it may not get approved before March 2010.

My questions is, can I apply for my AP now and leave US before the renewal gets approved? Assuming my renewal gets approved in March 2010, my friend can mail the AP to me in India. Is it legal to enter US in May 2010 with a AP that was approved when I was in India?

It is simple.You have to leave and reenter with the same AP.You should be in USA to apply and once it is approved, anybody can send you the renewed AP abroad to you.But you can't use it while coming back.keep in mind you have to use the same AP while leaving USA and reentering USA back.

sagar_nyc
12-28-2009, 06:40 PM
Can anyone please send me USCIS link where this is explained? i spoke to my lawyer about this and he told me that you just have to present in country when you apply AP . Once you receive AP number EAC or LIN , then you can leave country. and you can enter it based on new approved.AP which could be mailed to you by someone.

It is simple.You have to leave and reenter with the same AP.You should be in USA to apply and once it is approved, anybody can send you the renewed AP abroad to you.But you can't use it while coming back.keep in mind you have to use the same AP while leaving USA and reentering USA back.

googlegc
12-30-2009, 11:18 AM
As per my lawyer, you need to be here physically in the country on the day of approval. You do not have to wait for the document to arrive in mail, you can leave the country and your friends can mail it to you and you can come back in using that AP. As someone mentioned, you need to use the same valid AP for leaving and returning.

Can anyone please send me USCIS link where this is explained? i spoke to my lawyer about this and he told me that you just have to present in country when you apply AP . Once you receive AP number EAC or LIN , then you can leave country. and you can enter it based on new approved.AP which could be mailed to you by someone.