Travelled to Canada and back on EAD and AP - my experience

[Shailesh76]

We had applied for PR in Canada and were asked to do the final landing process in Canada by end of December'07. So we chose the thanksgiving weekend to land in Toronto.
--Going out of US----
I did an eChecking, went straight to security, the security officer took a look at our Canadian visa and without fuss let us go. We were worried that nobody kept our old I-94, so we asked the flight hostess. She said that since we were returning within 30 days (3 day trip), we didn't need to surrender our I-94, otherwise she would have taken it at the time of boarding.
The landing process went smooth. We first went to customs officer. We had taken an inventory list of our household items. On the customs form, you have to mark the you have goods to follow. He was OK with everything else.
Then we went to the immigration officer- he was surprised that we live in US and asked us that we should move to Canada and avail of the PR there as it is "not nice" to take the PR in Canada and not live there. I told him that I will check out the job prospects there. Then we went to another customs area, where we showed the inventory (2 copies)and they just stamped the list and gave one copy to us. I had also taken cashiers checks to show proof of funds.

--Coming back to US ---
Coming back, the US immigration officers are present in Toronto itself. Which is nice in the sense that when you land in the US, you just walk out of the airport.
We were sure of which line to stand in - visa holders vs. GC. We stood in visa holders line. The immigration officer seemed to be aware of Adv Parole and EAD and asked us to go to secondary inspection.
We went in another room for secondary inspection. The officer told us that they have new rules in place for Adv Parole and they have to verify all the records etc. It took about 20 minutes and he gave us a new I-94 to our surprise. We asked him if he wants our older I-94s back and he said "oh yes". So we gave the older I-94s to him. Now the I-94 that we have says we are Adjusting Status - so I am guessing H1 petition is no longer valid.
The whole process took about 45 minutes including wait time. 15 minutes for security. But we almost missed out flight.
So guys if you have EAD and AP, be at the airport 1.5 hrs earlier to boarding time!

[burnt]

Were you asked for your I-485 receipts too, during the document check? Please let me know what all documents did they check for you...

[roseball]

Quote:

So we gave the older I-94s to him. Now the I-94 that we have says we are Adjusting Status - so I am guessing H1 petition is no longer valid.

End Quote

If you are returning to work for the same employer, you can still continue to work on H1 as long as it is valid and you can also file for extension if you like to when H1 expires....Entering on AP does not invalidate your H1.....

[iad2ead]

Hi Shailesh76,
Can you please confirm if you are continuing with H1 or EAD with your employer.

Thanks in advance for sharing your exp.

cheers
Iad

[continuedProgress]

Whats the expiry on the 'adjusting status' I94 based on an AP?

Thanks

[gc_check]

Originally Posted by Shailesh76

We had applied for PR in Canada and were asked to do the final landing process in Canada by end of December'07. So we chose the thanksgiving weekend to land in Toronto.
--Going out of US----
I did an eChecking, went straight to security, the security officer took a look at our Canadian visa and without fuss let us go. We were worried that nobody kept our old I-94, so we asked the flight hostess. She said that since we were returning within 30 days (3 day trip), we didn't need to surrender our I-94, otherwise she would have taken it at the time of boarding.
The landing process went smooth. We first went to customs officer. We had taken an inventory list of our household items. On the customs form, you have to mark the you have goods to follow. He was OK with everything else.
Then we went to the immigration officer- he was surprised that we live in US and asked us that we should move to Canada and avail of the PR there as it is "not nice" to take the PR in Canada and not live there. I told him that I will check out the job prospects there. Then we went to another customs area, where we showed the inventory (2 copies)and they just stamped the list and gave one copy to us. I had also taken cashiers checks to show proof of funds.

--Coming back to US ---
Coming back, the US immigration officers are present in Toronto itself. Which is nice in the sense that when you land in the US, you just walk out of the airport.
We were sure of which line to stand in - visa holders vs. GC. We stood in visa holders line. The immigration officer seemed to be aware of Adv Parole and EAD and asked us to go to secondary inspection.
We went in another room for secondary inspection. The officer told us that they have new rules in place for Adv Parole and they have to verify all the records etc. It took about 20 minutes and he gave us a new I-94 to our surprise. We asked him if he wants our older I-94s back and he said "oh yes". So we gave the older I-94s to him. Now the I-94 that we have says we are Adjusting Status - so I am guessing H1 petition is no longer valid.
The whole process took about 45 minutes including wait time. 15 minutes for security. But we almost missed out flight.
So guys if you have EAD and AP, be at the airport 1.5 hrs earlier to boarding time!

Thanks for sharing your experience. One simple questions, please update.

Below is the link for sample I-94 form
http://www.cbp.gov/xp/cgov/travel/id...ng_out_i94.xml

Since you are traveling on Advance Parole, what information did you fill in the below column, when the Visa Stamp is PP is already expired and traveling with AP

Section 10/11. Should you fill the expired Visa Information or ????

# City Where Visa was Issued
# Date Issued (Day/Mo/Yr)

[FinallyCurrent]

Originally Posted by roseball

If you are returning to work for the same employer, you can still continue to work on H1 as long as it is valid and you can also file for extension if you like to when H1 expires....Entering on AP does not invalidate your H1.....

I checked with my attorney and he confirmed that you can apply for change of status to H1 after you come back but entering on AP does invalidate your H1.

[miguy]

I am not sure whats the point of entering on AP if he has a valid H1. I would presume the EAD/AP I-94 would be valid for only 1 year?

[ajaykk]

Guys, I'm planning for a India trip early next year in Feb. My visa stamp has expired in Feb'06 but I have valid H1 till May'08. Assuming I get my AP before I travel, what do you suggest, whether to go for stamping in India for my H1 or come back on AP? Please throw some light.

Thanks
AJ

[JK747]

Originally Posted by FinallyCurrent

I checked with my attorney and he confirmed that you can apply for change of status to H1 after you come back but entering on AP does invalidate your H1.

No. Using AP to enter the US does not invalidate your H1. Several forums on IV have suggest the same. I have also checked with my lawyer and one of my friends' lawyer and they all concured that using AP does not invalidate your H1.

[Green.Tech]

Originally Posted by JK747

No. Using AP to enter the US does not invalidate your H1. Several forums on IV have suggest the same. I have also checked with my lawyer and one of my friends' lawyer and they all concured that using AP does not invalidate your H1.

It is a gray area so different attorneys have different views.

[mhtanim]

Originally Posted by JK747

No. Using AP to enter the US does not invalidate your H1. Several forums on IV have suggest the same. I have also checked with my lawyer and one of my friends' lawyer and they all concured that using AP does not invalidate your H1.

I second that. However, I couldn't find anywhere what happens with your parolee I-94 that's valid only for a year? It looks like lots of people/lawyers are saying that you have to apply for a H1-B extension to get a new I-94. But how many times can you really do that? Filing an H-1B extension costs at about $3,000.00 (including lawyer and USCIS fees) every time. Does it mean if you plean to travel every year, you need to budget about $3K in addition to your yearly expenses? This sounds crazy!

[FinallyCurrent]

Originally Posted by mhtanim

Does it mean if you plean to travel every year, you need to budget about $3K in addition to your yearly expenses? This sounds crazy!

Yes. That is exactly what my lawyer says. His words paraphrased ..."it is not a time and cost effective strategy .. better stick to H1 .. .so that even if AOS has issues you can continue for the length of the H1 ."

[sanjay02]

When you enter on AP do they finger print you again at the secondary inspection similar to non-immigrant status?

[p_kumar]

Originally Posted by mhtanim

I second that. However, I couldn't find anywhere what happens with your parolee I-94 that's valid only for a year? It looks like lots of people/lawyers are saying that you have to apply for a H1-B extension to get a new I-94. But how many times can you really do that? Filing an H-1B extension costs at about $3,000.00 (including lawyer and USCIS fees) every time. Does it mean if you plean to travel every year, you need to budget about $3K in addition to your yearly expenses? This sounds crazy!

I guess you can simply stay over in US even after your parolee I-94 expires until you get I-485 decision.

or go out of US and come back with another AP i-94.

Your thoughts on this?.