Travel on AP

[GC4US]

Can soneone help me with this question.....please....

My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.

Thanks in advance!

[vin13]

You can go for any reason. I recently got back using AP. They just verify if your AP is valid and let you in.

[a_yaja]

Originally Posted by GC4US

Can soneone help me with this question.....please....

My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.

Thanks in advance!

Visiting your parents is a humanitarian reason. Anyways, as vin13 mentioned, they will usually not ask any questions. My wife and I came back from Jamaica after a vacation in Dec. 2008 and no one asked us any questions.

[vdlrao]

Do I need Germany visa to travel on AP, to India via Germany with Lufthansa air lines.. Please let me know.

Thanks.

[blackberry]

Originally Posted by GC4US

Can soneone help me with this question.....please....

My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.

Thanks in advance!

I came back last year December, no issues, No questions asked. The entire process was very smooth.
Just remember to carry all your documents.

[KKtexas]

Person traveling with AP does not require Transit Visa if u dont plan to go outside of Frankfurt airport for what so reason.I had traveled via Frankfurt on 01/07/09.

Please do check with German consulate.

[vdlrao]

Originally Posted by KKtexas

Person traveling with AP does not require Transit Visa if u dont plan to go outside of Frankfurt airport for what so reason.I had traveled via Frankfurt on 01/07/09.

Please do check with German consulate.

Thank you KKTexas

[saibaba]

Originally Posted by vin13

You can go for any reason. I recently got back using AP. They just verify if your AP is valid and let you in.

I second u...Infact I strongly advise everyone to use AP instead of taking chance with H1 stamping(keeping the PIMS,Secuirity check related delays in mind)...

At POE, they just verified my passport expiry date and AP Expiry date..and let me IN....

[AK_GC]

We travelled to India and Canada on AP. Didn't get questioned while entering from India but from Canada, they asked us why we went and when we mentioned 'vacation', they advised us to not use our parole for such cases...I guess going to the home country should not pose any issues.

[vrbest]

Sorry.. might be a dumb question.. Do we get I-94 when we enter using AP - If so what would be the expiry date on it and do we need to renew I94 every time then...

Also I have H1B extended till 2011 but stamping on passport expired already.. If I come back using AP, can I still be on H1B status ?

Thanks in advance!

[LostInGCProcess]

Originally Posted by vrbest

Sorry.. might be a dumb question.. Do we get I-94 when we enter using AP - If so what would be the expiry date on it and do we need to renew I94 every time then...

Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.

Also I have H1B extended till 2011 but stamping on passport expired already.. If I come back using AP, can I still be on H1B status ?

Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.

[ksrk]

Originally Posted by vdlrao

Do I need Germany visa to travel on AP, to India via Germany with Lufthansa air lines.. Please let me know.

Thanks.

You don't need a visa to transit in Frankfurt - meaning if you are catching another flight to a non-Schengen state (like India). Else, all "interview", visa stamping (even for other Schengen states), etc. happens in Frankfurt.

[ksrk]

Originally Posted by LostInGCProcess

Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.


Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.

If your I-94 says AOS Pending, how are you on H1B?
If you enter the US on AP, your I-94 is stamped as "Adjusting Status" or "AOS Pending" and the expiration date on it is 1yr from date of entry (regardless of when the AP itself expires). And for this you don't need an H1B visa stamp in your passport.

With the "AOS Pending" (or equivalent stamp) on your I-94 and passport, you can't be in the country on H1B. You are "Adjusting Status" and legally in the country. Of course, to (continue to) work under this status, you will need an EAD.

[hariswaminathan]

If your husband is on H1-B he should NOT have an expired I-94 as this would mean he is out of status. I presume you have extended his H1-B (I797 approval) which would have your new I-94 attached to it.

beyond this - i concur with others that i recently did go to India on vacation with family on AP and there is no longer a requirement that visit outside while I-485 requires a valid reason. This clause was for an old situation when all categories were current and people got their GCs within months of filing I-485 and they didnt like you travelling during this short period. With GCs now taking years for approval they cannot ask you to remain in this country indefinitely without travel.

that being said - I have heard of horror stories from people arriving at certain ports of entry (SFO If im not mistaken) where the uninformed IO has questioned them on their reason for leaving and threatening to take action because "vacation" is not considered as valid emergency travel. I would therefore prepare some kind of answer incase you come across one of these buffoons.

Originally Posted by GC4US

Can soneone help me with this question.....please....

My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.

Thanks in advance!

[vrbest]

Thanks "LostInGCProcess". This clarifies my doubt..Ksrk: One of my friend had asked his lawyer and they said we can be on H1B even if we used AP..

Originally Posted by LostInGCProcess

Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.


Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.