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View Full Version : Regarding EAD/AP Travelling Issue


bank_king2003
01-22-2010, 01:30 PM
Hi All,

I want to come on an EAD and would like to clarify the below scenarion before i jump in

"a person has a valid ead/ap and he is gone outside the country for some work purpose and uscis denies his 485 in an illegal way like for eg: (denying AOS applications that have been pending more than 180 days when an employer revokes an I-140). how will he enter USA then ??
can he file MTR when he is outside the US with the help of a lawyer ?"

Your advise would be really appreciated.

Thanks,
A

hopelessGC
01-22-2010, 02:04 PM
That is an interesting scenario.

Two scenarios I can envision while you are at the POE:


If they DO a "secondary" inspection at the POE, they might see that the underlying I-140 has been revoked and deny you entry.

They DON'T do a "secondary" inspection and the officer at POE just grants you the entry after scanning your AP document.



I don't see any issue with filing an MTR even if you are outside the country. But if scenario 1 listed above happens then you won't be able to return until MTR is approved.

But then again, how long are you going to let this possible situation hold you hostage?

As usual, please consult your lawyer and take my analysis with a grain of salt.

bank_king2003
01-22-2010, 02:32 PM
Do you mean to say that its on POE officer to send you for a secondary inspection or not ?? i thought whenever you enter on AP you are going to secondary inspection by default.....

also, it would be great if other guys on EAD read my post and tell me what do they think about
my concern...

you are right - how long to be hostage to such conditions but believe me its not the GC which is craving but i dont want to have an option of not coming to usa because there are so many things here like car, house and other commitments that i would like to be in usa to settle them
before going back for good.

thanks

hopelessGC
01-22-2010, 02:49 PM
Do you mean to say that its on POE officer to send you for a secondary inspection or not ?? i thought whenever you enter on AP you are going to secondary inspection by default.....

also, it would be great if other guys on EAD read my post and tell me what do they think about
my concern...

you are right - how long to be hostage to such conditions but believe me its not the GC which is craving but i dont want to have an option of not coming to usa because there are so many things here like car, house and other commitments that i would like to be in usa to settle them
before going back for good.

thanks

I have read instances where someone entering with an AP did not go through a secondary inspection. You might get lucky as well :-)

Another option is to wait for 1 year after you switch your employer to see whether they do anything with your I-140 or not. Then you can rest assured that they won't be doing anything negative that late in the game.

Again, the situation you mentioned is absolutely hypothetical and I have not heard of anyone actually experiencing the it.

bank_king2003
01-22-2010, 03:05 PM
Thanks for your comments.

Hypothetical or Not - everything is possible with USCIS.... :). i have asked this question to the attorney also just to make sure..

thanks for your time and i assume you are also on EAD/AP ?? not H1b.

hopelessGC
01-22-2010, 03:11 PM
Thanks for your comments.

Hypothetical or Not - everything is possible with USCIS.... :). i have asked this question to the attorney also just to make sure..

thanks for your time and i assume you are also on EAD/AP ?? not H1b.

I will be on my EAD next month.

Please post back what your lawyer mentions. It will help the EAD users in this community.