Questions concerning EAD/AOS/K3 Visa

[angeljan 0]

I have a question

My husband came over on a K3 visa and both his EAD and VISA will expire on September 30, 2009. We are trying to get the AOS pkg ready to mail. He was wondering, are we able to apply for a renewal of his EAD (I-765) along with the AOS(I-485) pkg and then before his visa expires are we able to ask for an extension on the visa? He would like to go and visit his family in March of next year. Any adivise would be greatly appreciated.

ty

[island_princess 2]

I have the same case.

If you file an EAD with your AOS, it is not a renewal. It is considered as a new filing since the eligibility category will change. I beileve that, the first EAD was issued under (a) (9) category, while the EAD with AOS will be under ( C) (9).

I suggest that, you submit an advance parole application, at no additonal cost if filed with AOS, so he can travel outside the country during his AOS processing. Besides, the process of extending his visa will be just ,more or less, the same as with the advance parole timeframe.