How to File i131 Advance Parole While i485 is Pending

USA
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Originally published at: How to File i131 Advance Parole While i485 is Pending - USA

You can easily fill out your EAD and AP renewal yourself and apply directly with USCIS. These days, USCIS is issuing the GC EAD with AP for 2 years. The good thing about i485 EAD is that you get an automatic 180-day extension if you file your renewals before the current card expires. The EAD…

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Hello Am22tech team,
Please provide suggestion on the below.
We have a approved ap/ead combo card till April end 2022. We are planning to visit india in Jan2022 for a month. We are applying for AP and ead card renewal now (4+ months before expiry).

We are planning to get h1b visa stamped via Dropbox if we get Dropbox appointment. In case if we didn’t get the appointment then planning to use AP at port of entry. In this case previously approved AP is valid till April end can be used at port of entry?

  1. What happens to the AP and ead renewal applications which are in process, will both applications be denied or just the AP application gets denied

  2. If AP application is denied can I apply again once back in USA using previously approved AP. In this case if ead application is not yet approved would USCIS issue combo card or they would be sending separate cards as the applications are applied couple of months apart

  3. Or is it better to apply just the ead renewal now to avoid any break in employment and apply for AP once back in USA? My spouse used gc ead for her employment and would need it to be renewed before expiry to avoid break in employment.

  4. When we send renewal document packet to USCIS Do we need to send separate envelop for self and dependents with separate shipping tracking or both envelops can be sent in one FedEx envelop ?

Really appreciate your thoughts and inputs on this please.

Thank you

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Hi @Ron_Neel

I suggest filing only EAD at this time as the pending AP will be denied once you travel (while it is pending).

If you apply both EAD and AP, the EAD will still be approved even when AP is denied due to travel.

USCIS sends an EAD card without travel authorization if AP is denied.

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Hello @anil_am22 thank you so much for the response, it clarifies most of the doubts

One last clarification please.

  1. If we apply just the EAD application now and if the ead application is not processed before the current ap/ead card expiration date, I understand c9 is one of the eligible category for automatic extension upto 180 days, in order to get auto extension do we need to provide any documentation to USCIS ? I am guessing employers allowed to let employees work based on the renewal application receipt beyond the current ead expiration date while the ead application is in process and the ead application is for one of the eligible category for automatic extensions, is this correct understanding

  2. For ead renewal application for primary and dependent do we need to send it in 2 separate envelope with 2 FedEx tracking or these 2 applications can be sent in one FedEx package

Really appreciate all the help Anil

Thanks

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You will get automatic 180 day extension with i485 EAD.

You can send in one or two envelopes as per your choice.

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Thank you so much Anil.
Have a great day

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Hello Anil,

On which address we need to send the I-131 forms (Only) renewal - Employment-based -India case ? - Not I-765 forms.

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Hello Anil

1.Form 131 question on class of admission. We used AP to enter into USA. out I94 states class of admission as DA. Should we write DA as class of admission or Parolee as class of admission?

  1. I also find two different addresses to send the I-765 and I-131 forms. For example, USCIS has a different address of Phoenix if our I 485 receipts starts with MSC*** and Texas address for I131 as we are based out of a state. I’ve heard that I need to send the Advance Parole and EAD renewal forms together to ensure cards being issued properly. How do I address this?

  2. Last question, we have three I765 and three I131 applications (primary and dependent). Can we send all 6 applications in one fedex envelop or do you suggest creating 3 envelops ( one EAD and AP per applicant)?