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-   -   AC21 -Travelling on AP - kind assitance needed from a fellow IMV fellow (https://archive.immigrationvoice.org/forum/showthread.php?t=1349619)

kroy1976 04-13-2010 09:54 AM

AC21 -Travelling on AP - kind assitance needed from a fellow IMV fellow
 
Hi,

First let me thank you all for providing and maintaining such a forum where one can get all the answers related with immigration. This is truly amazing.

I am a july 2007 filer. My priority date in October 2006. My I 140 was approved in January 2007. I was laid off by my original GC sponsoring company in April 2009. Fortunately, I was able to get a new job under same responsibility description, before my last day with the GC sponsoring employer. I had invoked my AC21 on April 10,2009 and had switched job.

I have a AP, valid through January 2011 and a EAD valid through August 2010.
Mu H1B and I 94 has been expired alost an year now. I am working and staying in the country with EAD now with an AOS status.

I need to travel to India to address some urgent family now. Do you think my travel on AP (especially after invoking Ac21) in risky. I will be travelling through JFK. Has anyone travelled through JFK on AP after invoking AC21?

Any information will be highly appreciated.
Folowinga are the documents, that I would be carrying:

a) I 140 approval notice.
b) I 485 receipt notice.
c) valid EAD
d) valid AP
e) AC21 protability letter from my immegration layer.
f) I 140 support letter from my new employer.
g) Offer letter from my new employer.
h) termination letter from my earlier employer.
i) Address proof
j)W2

Can anyone let me know their expirence if faced similar situation please.

eb3retro 04-13-2010 11:39 AM

dont worry..
 
Quote:

Originally Posted by kroy1976 (Post 1707555)
Hi,

First let me thank you all for providing and maintaining such a forum where one can get all the answers related with immigration. This is truly amazing.

I am a july 2007 filer. My priority date in October 2006. My I 140 was approved in January 2007. I was laid off by my original GC sponsoring company in April 2009. Fortunately, I was able to get a new job under same responsibility description, before my last day with the GC sponsoring employer. I had invoked my AC21 on April 10,2009 and had switched job.

I have a AP, valid through January 2011 and a EAD valid through August 2010.
Mu H1B and I 94 has been expired alost an year now. I am working and staying in the country with EAD now with an AOS status.

I need to travel to India to address some urgent family now. Do you think my travel on AP (especially after invoking Ac21) in risky. I will be travelling through JFK. Has anyone travelled through JFK on AP after invoking AC21?

Any information will be highly appreciated.
Folowinga are the documents, that I would be carrying:

a) I 140 approval notice.
b) I 485 receipt notice.
c) valid EAD
d) valid AP
e) AC21 protability letter from my immegration layer.
f) I 140 support letter from my new employer.
g) Offer letter from my new employer.
h) termination letter from my earlier employer.
i) Address proof
j)W2

Can anyone let me know their expirence if faced similar situation please.

do not worry..its going to be perfectly alright. i travelled thru jfk using my AP after using ac21 twice. infact i only gave my passport, along with new i94 filled up , with a copy of the AP at the port of entry to the officer. no questions asked. just remain calm and answer any questions asked politely. AP is for this exact purpose which helps you to exit and enter country during this excruciating time of 485 approval waiting. so, you are good to go as long as you have a valid AP, infact I travelled once using AP, when I didnt have a job here. all it matters when you reenter is if you have a valid AP/VISA to enter the country.

On a different note, please update your profile. people value that a lot here..

newuser 04-13-2010 01:23 PM

Recently travelled through EWR using AP without any issues. No questions asked. Only issue was the wait time in the secondary inspection room. There were about 25-30 people waiting infront of me. It took one hour 30 mins to finish the process at the secondary inspection room.

On a side note, if you are travelling through Frankfurt airport, don't buy liqour either in US or India b'coz the security people won't allow liqour bought on non-European countries and non-european airlines.I have to throw away the stuff in the airport.

kroy1976 04-13-2010 04:36 PM

Thanks a lot for the reply.
I have talked with lawyer regarding this.
She has the following to Say:

a) Ac21 is perfectly legal thing and many of her clients are traveling on AP under AC21 and do not have any issue.
b) CBP officers know about this and there is nothing to worry.
c) If the CBP officer is getting two suspicious they can't deport me. They have to parole me and then run a case or check on me. Where my lawyer can talk with them and make thenm understand that everything is OK
d) she assures me that there is nothing to worry and I can go and come back hassle free.

Do you people think all of these statements are correct?

Thanks a lot.

eb3retro 04-13-2010 05:09 PM

pls tell me..
 
Quote:

Originally Posted by kroy1976 (Post 1708329)
Thanks a lot for the reply.
I have talked with lawyer regarding this.
She has the following to Say:

a) Ac21 is perfectly legal thing and many of her clients are traveling on AP under AC21 and do not have any issue.
b) CBP officers know about this and there is nothing to worry.
c) If the CBP officer is getting two suspicious they can't deport me. They have to parole me and then run a case or check on me. Where my lawyer can talk with them and make thenm understand that everything is OK
d) she assures me that there is nothing to worry and I can go and come back hassle free.

Do you people think all of these statements are correct?

Thanks a lot.

pls tell me how much different it is from what I have response for your original query..

kroy1976 04-14-2010 09:05 AM

Yes, your reply is exactly same as her. But she added one more point. According to her The CBP officer can't deport a AP bearer. He/she has to parole the person and then can schedule a secondary check for I 140 validity. In such case my attorney can pitch in.

But I am not sure if this is true or she is being over assuring.

Thanks a lot

eb3retro 04-14-2010 09:13 AM

Listen kroy..
 
Quote:

Originally Posted by kroy1976 (Post 1708610)
Yes, your reply is exactly same as her. But she added one more point. According to her The CBP officer can't deport a AP bearer. He/she has to parole the person and then can schedule a secondary check for I 140 validity. In such case my attorney can pitch in.

But I am not sure if this is true or she is being over assuring.

Thanks a lot

Listen kroy, All I can say is, people can share general info and their common experiences in these areas as to what they went through. I think its up to you to figure out the best case and the worst case scenario for yourself. Obviously neither me, nor your lawyer is going to be with you, when you go thru the CBP officer. My strong opinion would be to use all these information as a filler in your case and hope for the best. Good Luck!!!


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