View Full Version : Valid AP, but out of country for long time and unemployed

01-24-2010, 02:42 AM

Last year my husband got laid off. At that time he was on H1 visa, 140 approved and 485 pending. He applied and got AP, and then left U.S in March 2009. AP is valid until March 02, 2010.

Now he wants to get back to U.S. and try his luck finding a job before AP expires.

My question is what are his chances to be able to get in U.S considering

1)He has stayed outside of U.S for about 11 months.
2)He is not employed by any U.S company.



01-24-2010, 06:13 AM

In general, AP is not related to employment (it is a conditional admittance aka parole into US boundaries till the conditions are resolved), so the PoE CBP should not ask about employment. However, as your husband has been away for a long time, the CBP officer may be curious to know why and what is the purpose of entering US after such a time lag.

In such a scenario, your husband should have a strong reasoning as to why he is entering US. Some of such reasons are a) employment b) having immediate family in US or c) owning house/property that needs visitation.

If your husband has one such reason, it may be helpful to gain entry into US, but pl do consult your lawyer...good luck