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View Full Version : How frequent one can travel on AP, while AOS pending


jorgeofjungle
09-17-2009, 01:48 PM
Need your help. I have Dec 02 priority date; AOS is pending, filed in 07. With current visa bulletin, I am not sure when pd will become current may be 2 more years?

I work for a multi-national firm, having operations spreaded in US, Canada and Mexico. Being SAP consultant, I have been assigned to work on Canada location of the client. The problem is, do not have H1b, can only travel on Advance payroll. Been asked to work for 5 days in Canada. Will have house in US, job in US, nothing changes. I am worried about the multiple traveling aspects. Will be working in Toronto, traveling back by car every weekend.

Is it possible to travel once in a week on AP? Did anyone experience this?

I have genuine problem, can not change job at this junction. Please help, please share your experience or point in right direction.

Thanks,

sanju_dba
09-17-2009, 02:34 PM
Just using DL is still valid for traveling to Canada for short term?

How many times can you use a valid AP for traveling?

Ramba
09-17-2009, 07:59 PM
Need your help. I have Dec 02 priority date; AOS is pending, filed in 07. With current visa bulletin, I am not sure when pd will become current may be 2 more years?

I work for a multi-national firm, having operations spreaded in US, Canada and Mexico. Being SAP consultant, I have been assigned to work on Canada location of the client. The problem is, do not have H1b, can only travel on Advance payroll. Been asked to work for 5 days in Canada. Will have house in US, job in US, nothing changes. I am worried about the multiple traveling aspects. Will be working in Toronto, traveling back by car every weekend.

Is it possible to travel once in a week on AP? Did anyone experience this?

I have genuine problem, can not change job at this junction. Please help, please share your experience or point in right direction.

Thanks,


Not at all a good idea. AP should be sparingly used. Read the content of the AP document. Further, the ICE officer at border may not be well knowleded in AP; you may have a tough time every week. It amy affect your GC too; if you are not staying in US when 485 pending.

Consult a lawyer..

Pagal
09-17-2009, 08:33 PM
Hello,

You can use AP as many times as you wish. There is no restriction on number of times you can travel under AP.... this point has been discussed in the past and nobody has ever come up with a legal reference that restricts the number of times one can use AP.

You should carry a letter from your employer indicating the nature of your job and need to travel and keep your HR/Supervisors cell phone number handy for emergency.

Enjoy the 'international' assignment and see Canada and Mexico...beautiful countries! :)

wantgc23
09-17-2009, 08:41 PM
You might want to check "auto revalidation rule", If my understanding is right, you need not stamp your AP everytime.

Good Luck!

PS: I am not a lawyer and usually i dont know what I am talking about ;)

a_yaja
09-17-2009, 11:30 PM
You might want to check "auto revalidation rule", If my understanding is right, you need not stamp your AP everytime.

Good Luck!

PS: I am not a lawyer and usually i dont know what I am talking about ;)

Automatic Visa Revalidation is not valid for people on AOS. Take a look at this link:
travel.state.gov/visa/laws/telegrams/telegrams_1441.html
It clearly states:
"Has maintained and intends to resume nonimmigrant status"

Unless you have a valid H1B and plan to go back and forth on the H1B, I strongly recommend using the AP. Since your travel is related to your employment, you should not have any problems. Page three of the I-131 instructions clearly states:

B. If you are in the United States and seek advance parole:
1. You may apply if Form i-485 is pending , and you seek to travel abroad for emergent personal or bona fide business reasons;