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  #1 (permalink)  
Old 02-08-2010, 11:32 AM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
09/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/28/2007
Compare
Join Date: Dec 2006
Posts: 184
buehler will become famous soon enough
Default Using AP when unemployed?

One of my friends has been unemployed for the last 6 months but his AP and EAD are current. He needs to go to India in June. Will he face any problems while coming back into the country? Should he postpone his India trip till he he has been on a job for 3-4 months? If he starts his own company and gets a salary from that will it cause problems? Also Newark is his closest airport. Is Newark OK for AP or should he try Philadelphia or JFK in New York?

Thanks in advance.
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  #2 (permalink)  
Old 02-08-2010, 11:41 AM
Member
Priority Date
:
Jan-05
Category
:
EB2
I140 Mailed Date
:
07/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/04/2007
Compare
Join Date: Jun 2006
Posts: 56
kanshul is a jewel in the rough kanshul is a jewel in the rough kanshul is a jewel in the rough
Default

His AP is valid based on pending 485 which is based on a job offer in US. If I were him, I will not travel as it can create unwanted consequences.

Once he gets a job in same / similar occupation and has filled AC21 portablity, he may travel.

I do hope he gets a job.
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Greened on Apr 29th 2011 after 11 years in US
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  #3 (permalink)  
Old 02-09-2010, 11:59 PM
Senior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
10/21/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Sep 2006
Posts: 179
cdeneo can only hope to improve
Default

Just to add my two cents..

I traveled out to Canada a few months ago and came back using AP. I was not asked what employer I work for or any other job related questions during my AP inspection.

As it states for I-485 - green card is for future employment and one needs to have a same/similar job lined up when your green card is about to be approved when visa # is available. You can remain unemployed as long as you can show that you have a same/simiar job lined up if ever there is ever a question on the same (RFE, etc). There is ofcourse some risk involved during travel as the previous poster stated if one is unemployed but I would think that this risk is low since AP is not directly tied to your employment.

I would like to hear from an attorney on the same as well...
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  #4 (permalink)  
Old 02-11-2010, 01:00 AM
Senior Member
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N/A
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N/A
I140 Mailed Date
:
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:
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Join Date: Jul 2007
Posts: 278
Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice
Default

Theoretically, I agree with cdeneo. The fact that your friend is not currently employed in the same or similar occupation while his I-485 is pending should not be an issue. However, as a practical matter, it is not possible to predict how he will be treated by CBP when he returns to the US.

To be safe, prior to traveling, your friend should secure a bona fide offer of permanent full time employment in the same or similar occupation as the one for which his I-140 was approved. He should have written documentation such as an offer letter with him when he enters the US.

Being an employee of his own company is better than having no job offer, but whether such an arrangement meets the requirements of AC-21 will receive a lot more scrutiny than a straight forward job offer from an established company.

Given recent reports of apparently over-zealous CBP officers in at Newark and JFK, your friend might want to avoid those airports if possible.
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  #5 (permalink)  
Old 02-15-2010, 12:46 PM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
09/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/28/2007
Compare
Join Date: Dec 2006
Posts: 184
buehler will become famous soon enough
Default

Thank you for your posts. My friend has decided to postpone his visit till he gets a job. Even then he plans to fly out of Philadelphia only.
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