Left US after EAD/AP card expired...

[visar 0]

theres quite a few AP left US and what to do to return topics. just want to throw this out, hopefully someone can comment.

-had a card that is EAC/AP in one (I-765). expired end of August, 2013.

sent in renewal documents before card's expiry, than left US few days after, beginning of sept.

received the USCIS email that they are processing it mid sept.

want to return to US around 12th december, less than 90 days from sept receipt. plus there was a government shutdown..

im reading ppl saying you abandon your AP if u travel out after AP expired/without AP in effect..

before ive always come back to US right before my AP expired, sent in renewal I-131, then left, came back once new AP was sent to me abroad next year.. etc

-im a family member sponsored by my father (who is on H1, medical) for green card. started in 2004, so we should receive GC next year. when it was filed in 2004 i was under 21, so im under child status protection act (or hope so)

-always used advanced parole, and havent really been in US for last 4 years, just for couple weeks in the summer before AP expired, to send in a renewal

any idea?

i guess this may be the first time i actually left the US AFTER the AP expired. i usually always left US a couple days before AP expired and sent in renewal documents.

[NigeriaorBust 4,087]

When did you send the request in ? There is a recommend period in advance to file. If you filed too late and it wasn't accepted before your card expired and you left after the card expired you are probably out of luck. To make matters worse being dependent on cpsa will make matters more complex. Did you ever get a notice they accepted to filing and what did the notice say ? As to your petition , when was it filled , what year did you turn 21 and when was the petition approved ? IF your CPSA protection is expired then you may be stuck.

[Hypnos 6,576]

What visa are you adjusting from, H-4?

[visar 0]

Thanks for the answers. EAD/AP card expired end of august 2013, I sent in renewal I-131 as usual (every year) around the expiry day and then left beginning of september. USCIS sent email they started processing EAD/AP mid-september, so if all goes well 90 day is mid-december.

My father who is the sponsor has H1B, it has 5 years working in underserved area as physician, HPSA.

GC application was filed a few weeks before I turned 21..

So I understand going in on a tourist (even if we EU citizens dont require any visa) is jeopardizing all these years of GC applications, right?

How can I get that EAD/AP card faster, I just need to be in US before mid-december, asap. Call USCIS, expedite it?

What visa are you adjusting from, H-4?

Yes, it seems. my father is H1B and we the family have H-4

When did you send the request in ? There is a recommend period in advance to file. If you filed too late and it wasn't accepted before your card expired and you left after the card expired you are probably out of luck. To make matters worse being dependent on cpsa will make matters more complex. Did you ever get a notice they accepted to filing and what did the notice say ? As to your petition , when was it filled , what year did you turn 21 and when was the petition approved ? IF your CPSA protection is expired then you may be stuck.

Thanks for the reply. So dont enter on anything else other than the EAD/AP card..

[Hypnos 6,576]

If you have maintained your H-4 status then, as I understand it, you can enter on that H-4 without needing AP.

If you have failed to maintain your H-4 and were intending to enter on AP, then I believe you are out of luck since you departed the US without a valid AP, meaning your AoS application is now deemed abandoned.