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Rob

Travel while combo card renewal pending?

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Hi,

I have read a lot of contradictory information regarding international travel while a renewal application for a combo card (EOD + AP) is pending.  I have several questions I'm hoping people can help answer:

1) If my wife's combo card expires at the end of June 2019 and we have a trip planned for end of March, ideally when should I submit the renewal paperwork?

2) I understand that the EOD will get an automatic 180 day extension once I submit the renewal paperwork, but I don't think the AP gets any automatic extension right?

3) Will traveling while the combo card renewal is pending invalidate the AP part of the renewal request?

4) Will traveling while the combo card renewal is pending cancel the original I-485 AOS request? Obviously this would be very bad.

 

For folks who have a valid AP or combo card but need to renew soon, it seems like a silly rule that any international travel could invalidate or cancel the renewal request or the entire AOS. Any information or recent experiences with this sort of thing are appreciated. Perhaps safest thing to do is submit the paperwork after we return in April, but that is cutting it kindof close to the combo card expiration date.

 

Thanks!


Filed for K-1 through Vermont in July 2004

Moved from Boston, MA to Austin, TX October 26, 2004

Fiancee interview at Tokyo Embassy in November 2004

Married in Maui, HI on Jan 3, 2005

My wife and I return to Austin, together! Jan 14, 2005

Filed for AOS through San Antonio on March 30, 2005

Received EAD, AP and got biometrics done on May 14, 2005

Had successful AOS interview in San Antonio on Nov. 28, 2005

Conditional GC arrived via mail in late Dec. 2005

Mailed the I-751 packet to remove GC conditional status to the TSC on Sept. 20, 2007

 

Take 2: Going through AOS again after relinquishing original green card for UN job on G4 visa

Submitted AOS packet in Feb 2018.

Waitlist for family based AOS in NY is about 3 years 😞

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50 minutes ago, Rob said:

Hi,

I have read a lot of contradictory information regarding international travel while a renewal application for a combo card (EOD + AP) is pending.  I have several questions I'm hoping people can help answer:

1) If my wife's combo card expires at the end of June 2019 and we have a trip planned for end of March, ideally when should I submit the renewal paperwork?

USCIS website states: Generally, you should not file for a renewal EAD more than 180 days before your original EAD expires.

 

2) I understand that the EOD will get an automatic 180 day extension once I submit the renewal paperwork, but I don't think the AP gets any automatic extension right?

Nope, have to apply for a new AP separate from the EAD renewal. New AP takes another 4-6 months

 

3) Will traveling while the combo card renewal is pending invalidate the AP part of the renewal request?

Yes. A new rule just kicked in that if you have a pending AP and you leave the country with a current AP, you abandon the pending application 

 

4) Will traveling while the combo card renewal is pending cancel the original I-485 AOS request? Obviously this would be very bad.

No, traveling before you receive a Green Card does not abandon the Green Card application. Just make sure you have a valid AP and no other AP pending (won't effect I-485, just pending I-131)

 

For folks who have a valid AP or combo card but need to renew soon, it seems like a silly rule that any international travel could invalidate or cancel the renewal request or the entire AOS. Any information or recent experiences with this sort of thing are appreciated. Perhaps safest thing to do is submit the paperwork after we return in April, but that is cutting it kindof close to the combo card expiration date.

 

Thanks!

 

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