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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 09-25-2007, 04:18 PM
AmericanDreamZ AmericanDreamZ is offline
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Default How to use AP

Hi

I just wanted to figure out (in advance) how the AP document is actually used. I mean I have read in many threads that there are three copies you get first, one is the original that you keep and that gets stamped when you re-enter the US. Another is given to the Immigration Officer at the US airport and the third is for the airline. Is this right? And if so how do you travel again. I mean the next time you travel you will only have one copy with the earlier stamp with you. Does one need to take copies of the initial three copies for subsequent travels?

Do airlines or IO's in others stop over countries or countries you visit for tourism purposes understand how AP is used or do they give you a hard time for it?

I believe in the USCIS site AP is said to be a document issued for emergency travel during pending 485 state (atleast thats what i think i read, I maybe wrong). If this is the case then do tourist visits to countries other than your home country eligible for use of AP?

Sorry for the long list of queries, but the guru's answers would be much appreciated.

Thanks
AD
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  #2  
Old 09-25-2007, 04:20 PM
kriskris kriskris is offline
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Processing of I-485 Filer's Advance Parole at the Airport Upon Returning to the U.S.

* There have been some confusions on the part of the CBP officers at the airport as well as the returnining alien to resume his/her stay in the U.S. on parole pending the adjudication of I-485 applications. In order to remove such confusion, the CBP HQ in Washington issued guidances to the field CBP offices. The following are the current CBP policy and procedure and those who face any irregular practice by any CBP officer at the airport should insist to talk to the supervisor.
o Single Entry Advance Parole Document: The alien will be paroled in and the Advance Parole document will be lifted by the CBP officer at the time of inspection and entry.
o Multiple Entry Advance Parole Document: If the returning alien carries multiple entry original copies, the CBP officer should collect just one original and return the other original copies to the alien for the future trip.
o Multiple Entry Advance Parole but Alien Carries only One Original: The CBP officer must make a copy for himself/herself and return the original to the returning alien for future trip. The CBP officers have been instructed not to lift the original Advance Parole document in this situation.
* There have been a number of reports by the aliens whose advance parole documents were lifted by the some CBP officers at the airports even if the alien carried multiple entry advance parole. Logistically, it may be impossible to recoup the wrongly lifted original advance parole documents. There are no answers for these travelers at this time. For the future travelers, should this happen by the CBP officer at the inspection, he/she should insist to talk to the supervisor at the airport or upon entry, immediately contact with the CBP district director at the location of his/her entry.
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Old 09-25-2007, 04:23 PM
sparklinks sparklinks is offline
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Default

Quote:
Originally Posted by kriskris View Post
Processing of I-485 Filer's Advance Parole at the Airport Upon Returning to the U.S.

* There have been some confusions on the part of the CBP officers at the airport as well as the returnining alien to resume his/her stay in the U.S. on parole pending the adjudication of I-485 applications. In order to remove such confusion, the CBP HQ in Washington issued guidances to the field CBP offices. The following are the current CBP policy and procedure and those who face any irregular practice by any CBP officer at the airport should insist to talk to the supervisor.
o Single Entry Advance Parole Document: The alien will be paroled in and the Advance Parole document will be lifted by the CBP officer at the time of inspection and entry.
o Multiple Entry Advance Parole Document: If the returning alien carries multiple entry original copies, the CBP officer should collect just one original and return the other original copies to the alien for the future trip.
o Multiple Entry Advance Parole but Alien Carries only One Original: The CBP officer must make a copy for himself/herself and return the original to the returning alien for future trip. The CBP officers have been instructed not to lift the original Advance Parole document in this situation.
* There have been a number of reports by the aliens whose advance parole documents were lifted by the some CBP officers at the airports even if the alien carried multiple entry advance parole. Logistically, it may be impossible to recoup the wrongly lifted original advance parole documents. There are no answers for these travelers at this time. For the future travelers, should this happen by the CBP officer at the inspection, he/she should insist to talk to the supervisor at the airport or upon entry, immediately contact with the CBP district director at the location of his/her entry.
very Nice !!!
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  #4  
Old 09-25-2007, 04:28 PM
rambo45 rambo45 is offline
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Default Just did it

I had two original copies of the AP with me. I gave one to the immigration officer, he stamped it and gave it back to me along with my I-94.

Simple and easy!!!
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  #5  
Old 09-25-2007, 04:35 PM
meg_z meg_z is offline
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Default

Quote:
Originally Posted by rambo45 View Post
I had two original copies of the AP with me. I gave one to the immigration officer, he stamped it and gave it back to me along with my I-94.

Simple and easy!!!
Did you go through citizens' or visitors' lines at POE? Thanks.
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Old 09-25-2007, 04:39 PM
dog123 dog123 is offline
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I wonder what date they put on I-94 Card.
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Old 09-25-2007, 04:44 PM
sparky_jones sparky_jones is offline
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Default Where is AP mailed?

to the applicant, or to the attorney?
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Old 09-25-2007, 04:50 PM
arihant arihant is offline
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Default Validity of I-94

Quote:
Originally Posted by rambo45 View Post
I had two original copies of the AP with me. I gave one to the immigration officer, he stamped it and gave it back to me along with my I-94.

Simple and easy!!!
How long is this I-94 valid? Do you also have an H1 approval? Did you have to show it at the POE?
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Old 09-25-2007, 04:51 PM
arihant arihant is offline
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Default Both copies to the Attorney

Quote:
Originally Posted by sparky_jones View Post
to the applicant, or to the attorney?
At least, that is what happened in my case.
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  #10  
Old 09-25-2007, 05:12 PM
rambo45 rambo45 is offline
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Default

In my case
- The lawyer received both the copies
- I went through the visitors' line at the POE
- I did not have to show my H1-B approval at the POE
- The I-94 is valid for one year from the date of entry
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Old 09-25-2007, 06:01 PM
immivjj immivjj is offline
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Hi,

I have a question regarding use of AP for travel to India and back through Amsterdam. My H-1B visa stamp has expired in the passport but the H-1B document(I-797) is valid till May 2008. Can I use my approved AP as a transit visa at Amsterdam (I will be only changing planes at the airport) because some European copuntries ask for valid visa in the passport?
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Old 09-25-2007, 06:54 PM
immivjj immivjj is offline
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I have a question regarding use of AP for travel to India and back through Amsterdam. My H-1B visa stamp has expired in the passport but the H-1B document(I-797) is valid till May 2008. Can I use my approved AP as a transit visa at Amsterdam (I will be only changing planes at the airport) because some European countries ask for valid visa in the passport?
I'm planning to travel to India next month and would greatly appreciate your answers.
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Old 09-25-2007, 07:59 PM
marwan234 marwan234 is offline
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Default i94 confusion

when i use the AP, the IO at the border will give me an i-94? and if i am in the process of renewing my h1B, travel on AP and come back while case is still pending, then after returning case gets approved, USCIS will send me another i-94 with the i-797? or same i-94? if different which one rules?
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Old 09-25-2007, 08:05 PM
AmericanDreamZ AmericanDreamZ is offline
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Default

Thank you all for the replies. The one year on i-94 is a bit worrying though. I mean that would mean one would definetly need to travel out of the country every year...
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  #15  
Old 09-25-2007, 08:13 PM
nlssubbu nlssubbu is offline
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Default

Quote:
Originally Posted by meg_z View Post
Did you go through citizens' or visitors' lines at POE? Thanks.
Do not go in either line and request for Parolee line. This is what I experianced in LAX and may be different in other cities.

Thanks
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