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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 10-30-2008, 04:48 PM
rnvd rnvd is offline
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Default Please give suggestion to go on AP

Hi all,
Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.

My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.

Last edited by rnvd; 10-30-2008 at 05:56 PM.
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  #2  
Old 10-30-2008, 05:05 PM
rsdang rsdang is offline
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Lightbulb Use the AP

Dude you have the AP use it... I have travelled on AP multiple time no issues. I have an approved H1 which I dont use any more...

All the best
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  #3  
Old 10-30-2008, 05:41 PM
rnvd rnvd is offline
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Default

Hi rsdang,
Its not with AdvanceParole. Because i had I-94 mistake in the past. It may reflect in their systems but USCIS already apporoved my H1b.
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  #4  
Old 10-30-2008, 05:45 PM
ItIsNotFunny ItIsNotFunny is offline
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Originally Posted by rsdang View Post
Dude you have the AP use it... I have travelled on AP multiple time no issues. I have an approved H1 which I dont use any more...

All the best
You serious that you have valid H1B but you travelled and entered back on AP?

Why would you do that?
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  #5  
Old 10-30-2008, 06:56 PM
Ramba Ramba is offline
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your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.

However, your I-94 mess up may affect 485 (very little chance), if they analyze the entry exit dates and last action rule with microscope. Technically, (as per LOR) you were out of status in 2006. Though you got further H1B approval from 2007 to 2008, you were out-of status as per LOR. But it can be overcome easily, if they issue a RFE in 485. This has to be explained properly. I do not think POE made a mistake. They issue I-94 based based only on the expiry of the visa stamp.
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  #6  
Old 10-30-2008, 07:21 PM
jonty_11 jonty_11 is offline
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if they ask explain teh situation calmly....and tell them your attorney has filed to get u a new approval after he dsicovered ur mistake..Keep phone numbers of ur employer, attorney handy if needed to call them and confirm u are legit!!
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  #7  
Old 10-31-2008, 11:10 AM
rnvd rnvd is offline
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Default

Hi Ramba,
The POE offier given I-94 based on the visa expiry eventhough i showed new H1b approval. I told office i am working for this new company.
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  #8  
Old 10-31-2008, 11:20 AM
reachinus reachinus is offline
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Default Its wrong

They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.

Hope this helps.

Quote:
Originally Posted by Ramba View Post
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.

.......
They issue I-94 based based only on the expiry of the visa stamp.
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  #9  
Old 10-31-2008, 12:11 PM
Ramba Ramba is offline
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Default

Quote:
Originally Posted by reachinus View Post
They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.

Hope this helps.
Well. In non-immigrant visa admissions at POE, ICE officers has their own "power" in determining the period of stay. Even if anyone has 10 year visa stamp, they can admit only for 10 days if they want; no one can argue/challange it at POE. Further truth is; even they can deny admission to GC holder if they want or if they found something fishy. Nothing is guarentee at POE as well as in consulate for getting non-immigrant visa. So, the departure date in latest I-94 is the important date to comply with (to leave US or extend on time).

Last edited by Ramba; 10-31-2008 at 12:13 PM.
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  #10  
Old 10-31-2008, 01:40 PM
reachinus reachinus is offline
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Default so what...

I am not sure what you want to say over here...
I told you are wrong in saying that they may issue the I-94 till the expiry of the Visa Stamp.

Quote:
Originally Posted by Ramba View Post
Well. In non-immigrant visa admissions at POE, ICE officers has their own "power" in determining the period of stay. Even if anyone has 10 year visa stamp, they can admit only for 10 days if they want; no one can argue/challange it at POE. Further truth is; even they can deny admission to GC holder if they want or if they found something fishy. Nothing is guarentee at POE as well as in consulate for getting non-immigrant visa. So, the departure date in latest I-94 is the important date to comply with (to leave US or extend on time).
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  #11  
Old 11-19-2008, 02:08 PM
talash talash is offline
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Default Travell on AP

Hi friends ,
Im planing to travell on AP in december .I have my H1 approved till 2010.
I heard travelling with Emirates Air line may be a problem because they dont know about AP .Is that true ?
2-what documents i need to have with me when comming back on AP ?
Thanks for any inputs .
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  #12  
Old 11-19-2008, 02:52 PM
talash talash is offline
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Any inputs ?
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  #13  
Old 11-19-2008, 03:06 PM
looivy looivy is offline
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Default AP and H1 implications

I have H1B visa stamp on passport with my old employer and I have AP, EAD and H1 approval with my new employer. I am planning to travel to India in December. If I use AP on my way back, does that annul my H1 approval with new employer. Pl advise.
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  #14  
Old 11-20-2008, 04:44 PM
krishnam70 krishnam70 is offline
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Quote:
Originally Posted by talash View Post
Hi friends ,
Im planing to travell on AP in december .I have my H1 approved till 2010.
I heard travelling with Emirates Air line may be a problem because they dont know about AP .Is that true ?
2-what documents i need to have with me when comming back on AP ?
Thanks for any inputs .
Not true, every airline worth its salt knows about these immigration procedures and documentation required. Travelled via emirates twice on AP no issues. It is advisable to carry copies of all of your documents with you when you enter the US so that you can provide the same to the IO at the POE. Ofcourse you need to take the 2 orignals of the Advance Parole and present them. If it makes your case here are what i used to carry always
- Letter of employment
- ead copy
- 485 receipt letter
- bank statement 1-2 cycles
- i-140 copy
- l/c copy
- passports

good luck
kris
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EB3 RIR, INDIA(Empl mess up)
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140 Approval: March 2004
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  #15  
Old 11-20-2008, 04:48 PM
krishnam70 krishnam70 is offline
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Default My thoughts

Quote:
Originally Posted by rnvd View Post
Hi all,
Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.

My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.

Are you using EAD to work or still using H1? If you are using H1 and it is valid the IO at POE will admit you in the non-immigrant status not as a Parolee. This is based on experience and a question I asked the IO when I tried to enter the US using AP even though I had valid H1 stamp in my passport and a valid 797. He mentioned that as a rule they will admit the candidate in non-immigrant status if the candidate is actually working on a non-immigrant visa. If you were are using your EAD and show documentation then they will admit you using AP.

-good luck
kris
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Disclaimer: Not a legal advise
---------------------------------
1996 for 1st MS
PD EB2 Jan 2001, 9/11 ,(BEC ,pink slip)
H1 new empl - Dec 02
EB3 RIR, INDIA(Empl mess up)
PD: Sep 2003 , 2nd MS - SE
140 Approval: March 2004
3EADs , 4FPs
3APs, 485 approval -- 07/30/2007
GC in Hand - 08/07/2007

First in flower campaign
Calls to Congressmen,Senators
Letter for administrative fixes
Periodic donations to IV
Still with IV.
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