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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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  #1  
Old 02-01-2008, 01:28 PM
desidas desidas is offline
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Default Consequences of AP use at port of entry.

Gurus,

At PortOfEntry, CBP officers are QUESTIONING IF you are working for the sponsoring employer and many folks just switched jobs with AC-21 with no valid H1B anymore.

Questions:

1. What are the Consequences at Port of Entry on travelling with AP and NOT working for the ORIGINAL GC sponsor?

2. Can anyone share thier experience what was the outcome at Port of Entry when the answer is "NO - I am not working with sponsoring employer anymore" Were they held at Portof Entry indefinitely ?

3. What Steps can anyone take when at CBP office/Immigration Official is NOT allowing you to re-enter US on Valid AP (I-485 pending) and you are NOT working for sponsoring employer and no valid H1B?
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  #2  
Old 02-01-2008, 01:36 PM
jonty_11 jonty_11 is offline
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as per the law u can switch employers after 180 days from recipt of ur 485 application...unless the CBP wants to give u a hard time...he should not jerk u around on that....

Take a print out of the AC21 yates memo (I think) with u.
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  #3  
Old 02-01-2008, 01:43 PM
absaarkhan absaarkhan is offline
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Default

Good Question

Did anyway in this Scenario had a hard time, entering US??
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  #4  
Old 02-01-2008, 01:44 PM
logiclife logiclife is offline
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Default IS this for real?

Quote:
Originally Posted by desidas View Post
Gurus,

At PortOfEntry, CBP officers are QUESTIONING IF you are working for the sponsoring employer and many folks just switched jobs with AC-21 with no valid H1B anymore.

Questions:

1. What are the Consequences at Port of Entry on travelling with AP and NOT working for the ORIGINAL GC sponsor?

2. Can anyone share thier experience what was the outcome at Port of Entry when the answer is "NO - I am not working with sponsoring employer anymore" Were they held at Portof Entry indefinitely ?

3. What Steps can anyone take when at CBP office/Immigration Official is NOT allowing you to re-enter US on Valid AP (I-485 pending) and you are NOT working for sponsoring employer and no valid H1B?

Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?

I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.

Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.

If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.

Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.

What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?
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Status : I-485 pending, PD Nov 2004, EB3 - India.
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  #5  
Old 02-01-2008, 02:26 PM
kumar1 kumar1 is offline
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Default

Thank you. I agree with you 100%.

Quote:
Originally Posted by logiclife View Post
Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?

I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.

Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.

If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.

Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.

What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?
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  #6  
Old 02-01-2008, 02:49 PM
desidas desidas is offline
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Default Yes for Read - please read

Logiclife,

Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.

Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?

My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc

Please read below.

================================================== =
japs19
Junior Member Join Date: May 2006
Posts: 22


My story...

--------------------------------------------------------------------------------

I feel like sharing mine as mine is the most horrifying.

After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.

I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
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  #7  
Old 02-01-2008, 02:59 PM
NKR NKR is offline
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Default

Quote:
Originally Posted by logiclife View Post
Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?

I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.

Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.

If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.

Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.

What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?
Can we get License renewed using EAD and not having H1?.
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  #8  
Old 02-01-2008, 03:04 PM
jonty_11 jonty_11 is offline
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Default

Quote:
Originally Posted by logiclife View Post
Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?

I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.

Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.

If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.

Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.

What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?
man I so agree with Logiclife..Lets drop the paranoia
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  #9  
Old 02-01-2008, 03:06 PM
logiclife logiclife is offline
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Default Depends on DMV

Quote:
Originally Posted by NKR View Post
Can we get License renewed using EAD and not having H1?.
Driver's licenses are issued by state and governed by state laws and regulations. Check your state DMV and find out.

In about 12 states, even illegals can obtain driver's licenses. However, most states are tightening rules and need to see your I-94 to prove your legal presence.

EAD is for work authorization and doesnt prove legal presence. Legal presence is proved by I-94. Regardless of how you enter into USA, with H1 stamp or with AP, you will have an I-94.

In any case, check your DMV.
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Status : I-485 pending, PD Nov 2004, EB3 - India.
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Religion is an insult to human dignity. Without it you would have good people doing good things and evil people doing evil things. But for good people to do evil things, that takes religion.
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  #10  
Old 02-01-2008, 03:13 PM
alterego alterego is offline
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Default

Quote:
Originally Posted by desidas View Post
Logiclife,

Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.

Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?

My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc

Please read below.

================================================== =
japs19
Junior Member Join Date: May 2006
Posts: 22


My story...

--------------------------------------------------------------------------------

I feel like sharing mine as mine is the most horrifying.

After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.

I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
I don' think they should have been rude. However they do have a point. He should NOT have shown BOTH H1b visa and AP. You can enter on one or the other.
I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
When you hand them both, you might feel you are doing it in full disclosure,
however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.

Last edited by alterego; 02-01-2008 at 03:18 PM.
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  #11  
Old 02-01-2008, 03:16 PM
logiclife logiclife is offline
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Default Still, not a big deal

Quote:
Originally Posted by desidas View Post
Logiclife,

Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.

Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?

My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc

Please read below.

================================================== =
japs19
Junior Member Join Date: May 2006
Posts: 22


My story...

--------------------------------------------------------------------------------

I feel like sharing mine as mine is the most horrifying.

After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.

I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
This is still not a big deal.

Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?

Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.

So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.

Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.

If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.

Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.
__________________
--------------------------------------------------
Status : I-485 pending, PD Nov 2004, EB3 - India.
--------------------------------------------------
Religion is an insult to human dignity. Without it you would have good people doing good things and evil people doing evil things. But for good people to do evil things, that takes religion.
- Steven Weinberg, Nobel Prize winning physicist.
--------------------------------------------------

Last edited by logiclife; 02-01-2008 at 03:28 PM.
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  #12  
Old 02-01-2008, 03:21 PM
vidyakulkarni vidyakulkarni is offline
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Default Returning on AP

If I use my AP , what documents I need to carry? original 485 reciept? my original receipt is with lawer, he send me photocopy.
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  #13  
Old 02-01-2008, 03:27 PM
logiclife logiclife is offline
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Default Good idea

Quote:
Originally Posted by vidyakulkarni View Post
If I use my AP , what documents I need to carry? original 485 reciept? my original receipt is with lawer, he send me photocopy.
Its a good idea to have an original 485 receipt, but in my case, they did not ask for it and didnt see it. Not even photocopy.

Nonetheless ask your lawyer for 485 receipt and they should give you that. There is no reason for them to keep the original with themselves, they can keep the copy and give you original.
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  #14  
Old 02-01-2008, 03:35 PM
gccube gccube is offline
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Default Recently entered US at Detroit using my AP

No issues at all. I had to wait a little longer as I was referred to a special processing Q. They just looked at my passport and the two AP copies (nor I have shown them anything more myself) I received from USCIS. They stamped on both and returned me only one copy. I-94 issued for one year from the date of entry.
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PD - 2001 Aug
I-485 - RD - 2007 June 21st (Texas).
EAD - APPROVED - 2007 Aug 09
FP - 2007 Aug 21
AP - 2007 Aug 17
FBI Namecheck -- Cleared (02/01/2008)
FP -- Cleared
I-485 -- APPROVED on 04/21/2008

No LUDS after the FP. Only one LUD on the day 485 is approved.
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  #15  
Old 02-04-2008, 02:50 PM
rpat1968 rpat1968 is offline
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Default AP and H1 & H4 Status

Quote:
Originally Posted by alterego View Post
I don' think they should have been rude. However they do have a point. He should NOT have shown BOTH H1b visa and AP. You can enter on one or the other.
I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
When you hand them both, you might feel you are doing it in full disclosure,
however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.
I intend to travel to my home country I have H1 (not stamped but valid till 2010) working for the same sponsor if I use AP to enter US do I lose my H1 status.I have EAD but did not use it.

Last edited by rpat1968; 02-04-2008 at 03:39 PM. Reason: need to add more info
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