AP experience relative to EAD issue

[david_dawei]

I read something that's got me a little confused as to it's application.. I understand the basic idea that was stated.

 

That applying for AP means that one's status is apparently changed. (And I think I have read something on this at VJ at as well). Since entry and status are two different issue; let's say someone enters on a K3 and they get a I-9, which confers their status... a K3 with intent to file AOS. If one leaves the country on AP, and re-enters on it, then the status conferred is different??

 

I'm not even sure this is supposed to apply to family-based visas at all.

 

So what I'd be interested in hearing is any sorting out of this issue (frank or Don, anyone ?)...

 

and experiences of using AP relative to EAD: I mean, did you have EAD prior or filed prior to getting AP? Did anyone use AP to leave and then attempt to file EAD later?

 

(Because one can file for EAD with the AOS receipt notice, i cannot see how the AP can do anything to one.. but I read something about losing the ability to file EAD, presumeably by certain visas types, or maybe this can only happen prior to filing AOS--and one got AP for emergency travel).

 

Ok, rambling here.. someone's going to point out the obvious to me.. I can feel it...

[Randy W]

It doesn't seem like the AP would affect your AOS status - the language on it says the bearer "intends to return to the United States to resume processing of the adjustment of status application". This sounds like your status is the same as before.

 

But you should be about ready to file for a second EAD (unless she has her green card) - we'll be filing ours in a couple of months.

Edited November 14, 2006 by Randy W (see edit history)

[jim_julian]

Don't know if this adds any clarity ...

 

"Individual is to be paroled into the United States for an indefinite period of time providing prima facie eligibility for adjustment of status continues."

We filed EAD, AOS, and AP simultaneously as reported in other threads. For good reasons we accelerated the AP and subsequently got the EAD on a "normal" time line (what ever that is).

 

Subsequently, armed with the EAD we got an SSAN in the married name and today we got a military ID card for Lao Po entitling her to my retired military benefits. AP does not seem to have affected anything.