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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 06-15-2009, 02:02 PM
dwhuser dwhuser is offline
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Default Travelling with AP while on bench

My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India. He still has a valid H1B, since his payroll is not running for the last 4 months his employer suggested him to move into his EAS status. When we asked the attorney if we need to apply somewhere to move to EAD status from H1B he said we donot need to.
Our question....Is it sensible to travel on AP him being unemployed?
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Last edited by dwhuser; 06-15-2009 at 09:39 PM.
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  #2  
Old 06-15-2009, 02:10 PM
axp817 axp817 is offline
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I see no risk in this, unless he is also on an H-1B visa. The H-1B requires him to always be employed, and being on the bench (not getting paid) would be a violation of those terms.

But if he is using his EAD to work and is in a period of authorized stay (pending AOS), travelling with the AP is not an issue at all, as long as he always has a future job offer (in good faith) in hand.

Confirm this with your attorney (I assume you use one to file/extend your EAD/APs)
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  #3  
Old 06-15-2009, 03:34 PM
crazyghoda crazyghoda is offline
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Default Depends on what you mean by "bench"

If your husband is working for one of the infamous desi outfits where bench means no salary, then I'd suggest that you avoid travelling since you may be asked to produce a paystub on return.

OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.
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  #4  
Old 06-15-2009, 05:43 PM
dwhuser dwhuser is offline
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yes, he is working for a desi company so he doesnot get paid when he's on bench. His last payroll ran on January 2009.
Thanks for the replies, we didn't know that the Immigration officer at the Port of entry can ask for a Paystub or a W2.
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  #5  
Old 06-15-2009, 06:00 PM
axp817 axp817 is offline
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Quote:
Originally Posted by crazyghoda View Post
If your husband is working for one of the infamous desi outfits where bench means no salary, then I'd suggest that you avoid travelling since you may be asked to produce a paystub on return.

OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.
huh? I thought being employed at all times was an H-1B requirement and not an AOS requirement.

OP hasn't made it clear whether he is still on H-1B or just AOS/EAD.
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  #6  
Old 06-15-2009, 06:19 PM
bestofall bestofall is offline
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Default HIB Travel

Quote:
Originally Posted by dwhuser View Post
My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India.
Our question....Is it sensible to travel on AP him being unemployed?
my friend went to India for 4 month Vacation.

1. while returing at JFK POE .. He was asked if he got paid on that 4 month Vacation. My friend said. "NO" and the POE Officer asked , if he had still Job with sponsering Employer , and this guy showed the recent EVL letter which he got from his employer .....just make sure to you have all docuementation ,a letter from Employer stating still your husband employed with that company

As long as you prepared tos how required papers ..no issues
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  #7  
Old 06-15-2009, 06:28 PM
jelo jelo is offline
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Default travel

Quote:
Originally Posted by dwhuser View Post
My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India.
Our question....Is it sensible to travel on AP him being unemployed?
This is my openion.

Your husband is no more on H1b and liable to use EAD on his next job.
AP is based on pending I485, you do not have to work and legally present in US as long as 485 is pending. Since your pending I485 is based on future job, POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
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  #8  
Old 06-15-2009, 09:40 PM
dwhuser dwhuser is offline
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Quote:
Originally Posted by jelo View Post
This is my openion.

POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
What is a EVL letter ?
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  #9  
Old 06-15-2009, 09:45 PM
GCAmigo GCAmigo is offline
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Quote:
Originally Posted by dwhuser View Post
What is a EVL letter ?
EVL

~GCA
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  #10  
Old 06-15-2009, 09:48 PM
nav_kri nav_kri is offline
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Default Evl

EVL = Employment Verification Letter

Usually the employer provides a letter on their letter head that the person is currently employed with them as XYZ. I usually get one before traveling outside US so that I can show it to IO in case they ask for it as proof of continued employment.
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  #11  
Old 06-16-2009, 12:24 AM
dwhuser dwhuser is offline
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Oh! Thanks for the explanation. We will ask his old employer if he would give us the letter. Honestly I doubt.... if he can give the letter without an active payroll or a Purchase order for a future project. No harm in tring though.....
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  #12  
Old 07-31-2009, 12:36 PM
dwhuser dwhuser is offline
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Thanks everyone, we had a wonderful trip and reached safely, no questions asked at POE (newark)
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