PDA

View Full Version : Traveling on EAD+AP, but without job


gcead2007
07-21-2010, 08:44 PM
Hello members,

I have a question regarding travel on AP with approved EAD till September-2011, but without job. Let me explain you my case in detail.

I am under EB-3 category (from India) with PD of Jan 2006. I filled my I-485 application (from my 1st company) along with EAD & AP application during July/August 2007 scene. I got my I-140 approved in Jan 2008 and switched my company (to 2nd company) in summer of 2008. Unfortunately, I got laid from my second company in early of this year. I am still looking for job. I have never maintained Out of Status in the United States.

I am planning to visit my country somewhere at the end of this year.

My questions are:
1. Will it be advisable to travel out of US and come back, if I am on I-485 pending (AOS) with EAD & AP and don’t have job while re-entering US on EAD & AP.

2. Presently I am trying to get any kind of job, part time or contracting position, also trying to change my field, from Core Engineering to IT. Again, will it be advisable to travel out of US and come back, if I am on I-485 pending (AOS) with EAD & AP and have job (different from the job description as mentioned while filling the GC) while re-entering US on EAD & AP.

3. What kind of questions I will be facing from Officer at Port of Entering, as my last entry into US was with H-1B

4. What kind of precautions I need to take in both scenarios, while re-entering the US.

5. My lawyer advice, there will not be any issue while re-entering into US with the status of I-485(AOS) pending + Approved EAD + AP. But also depends on the Officer also?


Provide your advice/suggestion or thought on my case.

Regards
Raj

Milind123
07-22-2010, 12:17 AM
Oh dumb me! Now I get the reason for your 3 red dots (for the only post , which is not offensive in anyway). These might be some of the reasons:

1. You joined IV moments before you posted with a big messy problem you are currently in. People are not really sure you will stick around after your problem is resolved.

2. IV need contribution from its members. Consider contributing.

3. Try to help other people in resolving their issues.

As far as your case is concerned, If I were you, I would avoid travelling. Also, if you really want to move to IT (from Engg.), considering filing for a new PERM application in the required field. Your current PERM/485 will probably not work with the new job description. I don't know if you can still port the priority date.

GCHope2011
07-22-2010, 07:00 AM
Oh dumb me! Now I get the reason for your 3 red dots (for the only post , which is not offensive in anyway). These might be some of the reasons:

1. You joined IV moments before you posted with a big messy problem you are currently in. People are not really sure you will stick around after your problem is resolved.

2. IV need contribution from its members. Consider contributing.

3. Try to help other people in resolving their issues.

As far as your case is concerned, If I were you, I would avoid travelling. Also, if you really want to move to IT (from Engg.), considering filing for a new PERM application in the required field. Your current PERM/485 will probably not work with the new job description. I don't know if you can still port the priority date.
If only everyone was as rational about getting or giving a red as you are Millind...... I have been on the right side of all the three possible reasons you have listed.... but some people just give reds.....

As far as the original poster's question is concerned, I agree, there is a chance that the CBP officer at POE will want to verify employment details and it might complicate the entry. So as Millind says, you might be better off avoiding taking chances under the circumstances..

lfadgyas
07-22-2010, 09:17 AM
Was in a same situation before:
-Had a booked ticket and got laid off; as per my attorney’s advice I delayed my trip till I found a new job.

-Later on I traveled and came back on AP. No questions asked – you will be guided to the office where they process your paperwork. I spend there ~2 hrs, but again other then “Hi” and “have a nice day” they did not ask anything. (note: They took and stamped only the AP notice. I had all my paperwork like I485 notice, letter form the employer, etc… with me just in case..)

-Regarding job title changes – see for “AC21” keywords. It does not hurt if your job description is similar and your job duties are also similar. Job titles can be different but do not stretch it too far. You might need to talk to an attorney and/or to your new employer regarding this case. Also, there is a debate about to report the new job or do not report the job change…I can not advice on this…