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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 01-05-2009, 10:41 PM
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Default Using AP first time

I will be using AP first time. What documentation do we need to enter (other than passport and un-expired AP)? I will be visiting India for about 1 month? Is there any limitation as to for how long you can leave the country? I got 2 copies of AP. We just need "one" right?

Also while leaving which I-94 should we surrender? The one which I got when I entered last time - a couple of years ago, or the one which I received with last H1b renewal documentation. Right now I am not using H1b. I am "on" EAD.

Please share your experiences.

Thanks in advance!
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  #2 (permalink)  
Old 01-06-2009, 08:41 AM
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Default

I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.

Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.

When you first approach the Immigration officer let him know that you are using Advance Parole.

Surrender all your i-94s while leaving. Make a copy for your records (both sides).

I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.

The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.

Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.
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  #3 (permalink)  
Old 01-06-2009, 09:19 AM
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Default well put

very good advice
thanks for sharing this info
Quote:
Originally Posted by vin13 View Post
I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.

Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.

When you first approach the Immigration officer let him know that you are using Advance Parole.

Surrender all your i-94s while leaving. Make a copy for your records (both sides).

I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.

The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.

Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.
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  #4 (permalink)  
Old 01-06-2009, 10:30 AM
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Default

Quote:
Originally Posted by aadimanav View Post
I will be using AP first time. What documentation do we need to enter (other than passport and un-expired AP)? I will be visiting India for about 1 month? Is there any limitation as to for how long you can leave the country? I got 2 copies of AP. We just need "one" right?

Also while leaving which I-94 should we surrender? The one which I got when I entered last time - a couple of years ago, or the one which I received with last H1b renewal documentation. Right now I am not using H1b. I am "on" EAD.

Please share your experiences.

Thanks in advance!
You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.

When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).

My advise to you is - take both the copies - you will not regret it.
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  #5 (permalink)  
Old 01-06-2009, 01:55 PM
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Default

Interesting read since my lawyer had informed me specifically that the CBP officer at POE is not supposed to lift one copy of advanced parole, he's supposed to stamp it and hand it back over to me and make a copy for his own records. They have also told me that if a CBP officer looks to lift a copy, we should politely ask him/her if there is any specific reason he needs an original and can't make a copy.

On the same note, if every time they lift a copy, then how can one make more than say 2 trips on one AP ? I have seen lots of people using AP for business travel and they do make more trips.


Quote:
Originally Posted by a_yaja View Post
You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.

When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).

My advise to you is - take both the copies - you will not regret it.
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  #6 (permalink)  
Old 01-06-2009, 03:19 PM
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Priority Date
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Default

The officer retains one of the original AP the first time. The other one that is handed over to you is stamped. So next time, you show the one that is stamped to enter and you will not have to give them any more copies.
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  #7 (permalink)  
Old 01-06-2009, 04:33 PM
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Jun-06
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Default there is some confusion on AP

Quote:
Originally Posted by vin13 View Post
The officer retains one of the original AP the first time. The other one that is handed over to you is stamped. So next time, you show the one that is stamped to enter and you will not have to give them any more copies.
Now my experience may be different, but i believe there are some differences in the process.

My AP Experience:
No secondary check, i told officer that we are using AP. He said fine,
took both copies , stamped with AOS stamp and gave back both copies.
I donot think he made a copy for himself or even kept one original.

I was worried about re-entry as my wife had status change and had not gone back home after status change; and then this 485 filing.
But overall it was very sweet.

I must say there were few others going thru AP process at Chicago with us, and no one had to go to another room for screening or Finger printing.
My gut feeling is, we had our FP for 485 done earlier this year in US so they may not need another FP. The FP when using AP might be for people who have not gone thru FP for 485.


my 2 cents,

AP is easy no worries, as long as you have right papers ( AP ) you are good.
We were not asked for anything other than AP.

HTH
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