travelling while EAD/AP renewal is not received

[AmBasu 0]

 

Hello,
I need help regarding my upcoming travel to India. Our current EAD/AP expires on Nov 11 2017. We will be traveling to India on Sep 23 and returning to US on Oct 28 (15 days before the AP expires). I would also like to apply for my EAD/AP renewal before I travel to India. Is that doable? Will my EAD renewal application be denied if I leave the country before receiving the approval, even though I have a valid EAD/AP and will be returning to US before it expires. Any help would be highly appreciated as based on that I might have to cancel my tickets.

thank you in advance,
A B

[Hypnos 6,576]

You don't need to have the replacement before you leave; the only stipulation is that you must be in the US when you file. 

 

It won't be denied just for leaving temporarily, as long as you return before the expiry date of your current AP. 

 

You can apply 120 days before your current documents will expire, and there's really no reason not to do that. 

Edited September 10, 2017 by Hypnos

[AmBasu 0]

Thank you Hypnos for your prompt reply. I was hoping for the same. But my lawyer is asking me not to travel while AP application is pending.

It seems USCIS is denying AP application due to international travel. 

https://lokewalsh.com/2017/08/23/uscis-is-denying-advance-parole-applications-due-to-international-travel/

 

[Hypnos 6,576]

Well that's crappy. 

 

You may wish to wait on filing for the replacement until you return then.

[AmBasu 0]

Since I work based on my EAD, that would mean I have to be out of work for upto 120 days depending on when I get the card.

Do you know if it is possible to file I765 now before travelling and then file I131 after I return to US. Or do I have to file them together?

 

[Hypnos 6,576]

You can probably file the I-765 now.

 

https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension details the new EAD extension policy which automatically extends your current EAD by 120 days in validity provided you file for a renewal before your current document expires.

[Scandi 4,166]

Yes it seems like if you leave the country while having a pending AP application that app will be denied, I have read other posts about this too. 

 

If you file to renew your EAD before the old card expires it will automatically be extended with 180 days, meaning you won't have to stop working while waiting for your new card.

[randomstairs 303]

I would apply for extension upon my return if I were you. This way you don't risk the denial due to travel yet your work permit gets automatically extended for 180 days.