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  #1  
Old 01-08-2010, 10:44 AM
deepak deepak is offline
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Default Entering on AP while unemployed

In mid Dec 2009 my employer had to wind up operations and I was laid off. As part of their winding up they also canceled my H1B. I have an EAD and AP which I plan to use now.

I have an offer for employment in a similar position starting in mid Feb and I plan to use my EAD for that job. In the meantime I was planning to make a 2 week trip to India. Is there any risk in entering the country using my AP when I am not currently employed? Especially as my H1b was withdrawn, can there be any issues at the PoE?
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  #2  
Old 01-08-2010, 11:28 AM
andy1675 andy1675 is offline
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AP has Nothing to do with your job.. You can enter on AP without any problems.. I just came from India last week using my AP - NO questions asked at Newark, NJ airport..
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  #3  
Old 01-08-2010, 12:12 PM
deepak deepak is offline
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Originally Posted by andy1675 View Post
AP has Nothing to do with your job.. You can enter on AP without any problems.. I just came from India last week using my AP - NO questions asked at Newark, NJ airport..
Thanks for the reply andy. I was wondering if the immigration history shows up on the IO's screen at the PoE. If it does, I it would be only logical for them to ask some questions. If questioned, I don't know if it is fine to be without an employer or not.
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  #4  
Old 01-08-2010, 12:50 PM
roseball roseball is offline
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Originally Posted by deepak View Post
Thanks for the reply andy. I was wondering if the immigration history shows up on the IO's screen at the PoE. If it does, I it would be only logical for them to ask some questions. If questioned, I don't know if it is fine to be without an employer or not.
I recently entered US on AP. I no longer work for my GC sponsoring employer. I changed jobs in July 09. I was on H1 with my old/GC sponsoring employer for 8.5 yrs and changed jobs on H1 to my current company. My new employer filed H1 COE and AC21 and my old employer cancelled my H1. At the POE, I told the CBP officer that I am using my AP. He scanned my passport and he was able to see that my old employer cancelled my H1 and he asked if I am returning to work with my new employer (he actually named the company I currently work for, supposedly from my current valid H1). I was sent to secondary inspection and given an I-94 for 1 year without any futher questions.

The fact that your H1 has been revoked could "possibly" raise some flags/questions. Since you already have an offer in hand, to be on the safe side, I would have your new employer file AC21 letter with USCIS and you should carry a copy of the letter and the offer letter. Since GC is for a future job, your start date of Feb won't cause any issues. Hope this helps.
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  #5  
Old 01-08-2010, 01:42 PM
deepak deepak is offline
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07/12/2007
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Originally Posted by roseball View Post
I recently entered US on AP. I no longer work for my GC sponsoring employer. I changed jobs in July 09. I was on H1 with my old/GC sponsoring employer for 8.5 yrs and changed jobs on H1 to my current company. My new employer filed H1 COE and AC21 and my old employer cancelled my H1. At the POE, I told the CBP officer that I am using my AP. He scanned my passport and he was able to see that my old employer cancelled my H1 and he asked if I am returning to work with my new employer (he actually named the company I currently work for, supposedly from my current valid H1). I was sent to secondary inspection and given an I-94 for 1 year without any futher questions.

The fact that your H1 has been revoked could "possibly" raise some flags/questions. Since you already have an offer in hand, to be on the safe side, I would have your new employer file AC21 letter with USCIS and you should carry a copy of the letter and the offer letter. Since GC is for a future job, your start date of Feb won't cause any issues. Hope this helps.
Thanks a lot for sharing your experience roseball. I do not have any urgent issue to handle in India, I was just planning to make the best of the few weeks I have. But, based on your experience, I have decided that it is just not worth the risk and I will stay in the US till I actually start working for my new employer.
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