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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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  #121  
Old 02-08-2008, 09:42 PM
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Default

Very nice and clarify update!!

Thanks for sharing your experience...

-webm
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  #122  
Old 02-19-2008, 03:28 PM
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Default Rather Dissapointing Experience at POE using AP

Hi All,

I wanted to share my experience at the port of entry using AP.

Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.

We have our 485 receipts/ approved EAD’s and AP’s with us.

Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP

At the Port of entry this is how it went:

Officer: Very rudely asked for our passports & I-94
We gave him our Passports, I-94 forms and Original AP’s

Officer: What’s the purpose of your visit?
Our Answer: To join back at our respective work.

Officer: Work? Who’s the primary applicant?
My answer: My wife

Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
My answer: But I have work Authorization (showed our EAD cards)

Officer: That’s all bullhshit, does not mean anything…you can not work here.
My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.

Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)

Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.

After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.

Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP

The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.

We waited ½ an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.

I am worried if he has entered some nasty remarks on my case…not sure.

Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:

1. He assumed throughout that my wife is entering on H1 and I on H4
2. Or he did realize his mistake but was too egoistic to accept it.
3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??

One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”

In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.

Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s

Thanks!
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  #123  
Old 02-19-2008, 04:42 PM
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Default

If you haven't used your EAD, you can still work on your H1B.

The guy was probably reprimanded by his superior. Just out of curiosity, what airport was this?
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  #124  
Old 02-19-2008, 04:51 PM
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Default

Quote:
Originally Posted by ashkam View Post
If you haven't used your EAD, you can still work on your H1B.

The guy was probably reprimanded by his superior. Just out of curiosity, what airport was this?
It was at JFK
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  #125  
Old 02-19-2008, 04:55 PM
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unbelievable... i wonder how they can behave like this... i mean.. you can write to INS about this fool
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  #126  
Old 02-19-2008, 05:13 PM
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Default My AP exp

Showed my passport at the visitor counter. Upon seeing my H1B visa the officer asked me whether i have applied for renewal (My visa was expiring shortly). I said I'm an AOS applicant and have EAD. He then asked for my AP and said AP was more important than H1B Visa. He put my Ap and passport in a red folder and asked me to go to the secondary inspection counter.

At the secondary inspection there was a huge line ( lot of guys with sea men visa ). Had to wait for about 30 min there. But the Ap stamping was quick and no questions were asked. Meanwhile my luggage was brought to me by the airline staff (as mine was the last luggage in the carousal).

On the whole a smooth process.
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  #127  
Old 02-19-2008, 07:43 PM
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Default which Port

what was your port of entry.

#124 Today, 03:28 PM
fundo14
Junior Member Join Date: Mar 2006
Posts: 24


Rather Dissapointing Experience at POE using AP

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

Hi All,

I wanted to share my experience at the port of entry using AP.

Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.

We have our 485 receipts/ approved EAD’s and AP’s with us.

Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP

At the Port of entry this is how it went:

Officer: Very rudely asked for our passports & I-94
We gave him our Passports, I-94 forms and Original AP’s

Officer: What’s the purpose of your visit?
Our Answer: To join back at our respective work.

Officer: Work? Who’s the primary applicant?
My answer: My wife

Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
My answer: But I have work Authorization (showed our EAD cards)

Officer: That’s all bullhshit, does not mean anything…you can not work here.
My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.

Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)

Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.

After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.

Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP

The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.

We waited ½ an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.

I am worried if he has entered some nasty remarks on my case…not sure.

Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:

1. He assumed throughout that my wife is entering on H1 and I on H4
2. Or he did realize his mistake but was too egoistic to accept it.
3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??

One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”

In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.

Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s

Thanks!
__________________
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Sent to NSC
Reciept Date :06/08/2007,Notice Date : 06/23/2007
FP : 08/03/2007
LUD I-485 : 6/30,8/03,08/05
Recd. EAD : 09/24

Last edited by sunnysharma; 02-19-2008 at 07:44 PM. Reason: c
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  #128  
Old 02-19-2008, 07:49 PM
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Default

Quote:
Originally Posted by fundo14 View Post
Hi All,

I wanted to share my experience at the port of entry using AP.

Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.

We have our 485 receipts/ approved EAD’s and AP’s with us.

Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP

At the Port of entry this is how it went:

Officer: Very rudely asked for our passports & I-94
We gave him our Passports, I-94 forms and Original AP’s

Officer: What’s the purpose of your visit?
Our Answer: To join back at our respective work.

Officer: Work? Who’s the primary applicant?
My answer: My wife

Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
My answer: But I have work Authorization (showed our EAD cards)

Officer: That’s all bullhshit, does not mean anything…you can not work here.
My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.

Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)

Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.

After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.

Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP

The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.

We waited ½ an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.

I am worried if he has entered some nasty remarks on my case…not sure.

Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:

1. He assumed throughout that my wife is entering on H1 and I on H4
2. Or he did realize his mistake but was too egoistic to accept it.
3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??

One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”

In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.

Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s

Thanks!
I found this incident appalling. Recently in Shusterman's web site published the entire CBP manual and it is worth reading and throw that to the officer. It also has details regarding where to complain as well. I suggest you to complain as well.

The link is: http://www.shusterman.com/pdf/cbp-fieldmanual.pdf

Thanks


Thanks
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  #129  
Old 02-19-2008, 08:57 PM
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Default There are bad apples and idiots among the officers

Quote:
Originally Posted by fundo14 View Post
.......
Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.
....
Their coefficient of 'idiotness' increases if you are of wrong appearance.
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  #130  
Old 02-19-2008, 09:08 PM
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Default

Quote:
Originally Posted by fundo14 View Post
Hi All,

I wanted to share my experience at the port of entry using AP.

Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.

We have our 485 receipts/ approved EAD’s and AP’s with us.

Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP

At the Port of entry this is how it went:

Officer: Very rudely asked for our passports & I-94
We gave him our Passports, I-94 forms and Original AP’s

Officer: What’s the purpose of your visit?
Our Answer: To join back at our respective work.

Officer: Work? Who’s the primary applicant?
My answer: My wife

Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
My answer: But I have work Authorization (showed our EAD cards)

Officer: That’s all bullhshit, does not mean anything…you can not work here.
My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.

Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)

Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.

After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.

Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP

The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.

We waited ½ an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.

I am worried if he has entered some nasty remarks on my case…not sure.

Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:

1. He assumed throughout that my wife is entering on H1 and I on H4
2. Or he did realize his mistake but was too egoistic to accept it.
3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??

One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”

In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.

Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s

Thanks!
Did you note his badge number or his last name (which every CBP officer wears on his/her uniform). Write a complaint to CBP about this moron.

You are perfectly fine as far as working on EAD goes. But, if one wants to start working on the H1 again, I saw on other threads that they should file for an extension with I-129 (there are plenty of threads on how to switch to H1 from EAD) . Your H1 should still be current to enable the switch as I read it.
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Last edited by sunny1000; 02-19-2008 at 09:12 PM.
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  #131  
Old 02-20-2008, 01:17 AM
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Default

Guys, I think situation is not that grim. As I see all APs going through the secondary security check. Maybe because they can't scan the APs as they do visas, so they send a person to secondary check, to manually run the numbers on their systems. I guess POE officers are instructed to send APs to secondary check. Officers are trained to have some reason to do that. So this officer just became more "creative"..

I think fundo14 just should have told him "please, send me to the secondary check and don't waste our time". That's all.
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  #132  
Old 02-20-2008, 09:14 AM
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Default it gets worse

it again gets more worse, when you quit the original employer who sponsored your GC. I am pretty much in that situation and outside US now, not sure whats going to happen when I enter using AP. anyone who is in the same situation..?? pls throw some light. thanks.
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  #133  
Old 02-20-2008, 10:57 AM
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Default

Quote:
Originally Posted by nlssubbu View Post
I found this incident appalling. Recently in Shusterman's web site published the entire CBP manual and it is worth reading and throw that to the officer. It also has details regarding where to complain as well. I suggest you to complain as well.

The link is: http://www.shusterman.com/pdf/cbp-fieldmanual.pdf

Thanks


Thanks
Thanks...I was looking for somethin like this. I really want to complaint about that idiot.
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  #134  
Old 02-27-2008, 08:41 PM
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Default AP experience at SFO?

Does anyone have any recent experience of travelling with AP thru San Frnacisco. We are planning a trip to India and will be travelling with our two US born children.

What documents should we carry in original?
What documents should we carry copies of (in addition to original)?
Are we required to hand over one of three copies of the AP that we get?
What kind of questions can we expect?
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  #135  
Old 02-28-2008, 06:01 PM
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Default

Hello

My wife is coming back from India next month, My question.

1. Intially came to US on H4
2. Filed H1B last year April 2007 and case is approved (no visa stamped)
3. Aug 07 got her 485, EAD & AP filed as dependent
4. EAD and AP approved prior to travel to India
5. As we got EAD, Employer sent request to cancel H1B to USCIS (pending)

So while coming back what options she has ?
1. Valid H4 stamping
2. Valid Approved AP

Please advise whether to use H4 or AP, If she just show H4 and attempt to enter back, Do the POE officer asks for AP !

Thanks
--------------------------
EB3 485 - Pending
I-140 Approved
PD - Dec 2004
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