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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 (permalink)  
Old 11-27-2007, 11:33 AM
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Default My experience with travel on AP

I recently came back to US on AP. At POE I was in "Non Citizen's" line. The inspector scanned my expired H1 visa and said herself that I am adjusting status. She did same for my wife's H4 and then took us to a separate counter who was handling APs. The lady there asked for an original copy saying I should have received more than one original and she is supposed to keep one. I told her that I have been told by my attorney not to relinquish the original. She said it is fine and she will make copy from my original. She stamped the I-94 with "paroled until xx xx xxxx" and expiry as "AOS". She put the same stamp on AP original. For most people this would be the procedure which took about 30 minutes. For people who had to go through special registration, they take you to another room and photograph, gather / reconfirm addresses etc. They took me to another room and said that since i am NSEERS I have to do registration again. They then discussed it with some other officers and said there is some confusion if "adjusting status" should go thru registration or not. After 15-20 min they came back and said you are good to go and do not need registration. I think this situation will vary with POE and different officers. All in all, it took about an hr, (30 min extra in registration confusion). They casually asked if i am working for the same employer and what was the purpose of my trip. They never asked for 485 receipts, H1B approval notices. Since my H1 is still valid, i am still on H1B and did not use my EAD.
I hope this helps. I will try to answer any questions over next few days.
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Labor: Mar 06 ROW
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I-485/EAD/AP: RD 07/02, ND 09/03, Recieved by mail 09/10

First FP: 10/03/07
EAD Approved (Both): 09/25/07
AP Approved (Wife): 09/27/07, recieved in mail 10/10/07
RFE on AP (mine): 10/02/07, Responded 10/08/07, Approved 10/13/07, Recieved in mail 10/23/07

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  #2 (permalink)  
Old 11-27-2007, 11:40 AM
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Default

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Originally Posted by ck_b2001 View Post
I recently came back to US on AP. At POE I was in "Non Citizen's" line. The inspector scanned my expired H1 visa and said herself that I am adjusting status. She did same for my wife's H4 and then took us to a separate counter who was handling APs. The lady there asked for an original copy saying I should have received more than one original and she is supposed to keep one. I told her that I have been told by my attorney not to relinquish the original. She said it is fine and she will make copy from my original. She stamped the I-94 with "paroled until xx xx xxxx" and expiry as "AOS". She put the same stamp on AP original. For most people this would be the procedure which took about 30 minutes. For people who had to go through special registration, they take you to another room and photograph, gather / reconfirm addresses etc. They took me to another room and said that since i am NSEERS I have to do registration again. They then discussed it with some other officers and said there is some confusion if "adjusting status" should go thru registration or not. After 15-20 min they came back and said you are good to go and do not need registration. I think this situation will vary with POE and different officers. All in all, it took about an hr, (30 min extra in registration confusion). They casually asked if i am working for the same employer and what was the purpose of my trip. They never asked for 485 receipts, H1B approval notices. Since my H1 is still valid, i am still on H1B and did not use my EAD.
I hope this helps. I will try to answer any questions over next few days.
thanks for sharing. quick one: which POE was this? In addition to just what CBP officer you run into, I believe experiences also vary based on POE. From anecdotal evidence atleast on the west-coast, most folks at SFO are nicer than those at LAX. Disclaimer: "Anecdotal evidence"
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  #3 (permalink)  
Old 11-27-2007, 11:48 AM
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Thanks for sharing this!

I am confused by you stated that the stamped your I-94 as "paroled until xx xx xxxx" and expiry as "AOS"

so is there a validity period here ? if expiry is AOS what does the date relate to ? Is the xx xx xxxx equal to the expiry period of the AP.

I am aware that we are in status till AOS application is decided upon.
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  #4 (permalink)  
Old 11-27-2007, 12:01 PM
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Originally Posted by ck_b2001 View Post
They casually asked if i am working for the same employer and what was the purpose of my trip. They never asked for 485 receipts, H1B approval notices. Since my H1 is still valid, i am still on H1B and did not use my EAD.
I hope this helps. I will try to answer any questions over next few days.
Can you explain the above further. If you are a parolee, how come you can be in H1b status. If you enter US through AP, then you have to use EAD. Is this correct?
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  #5 (permalink)  
Old 11-27-2007, 12:05 PM
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Originally Posted by InTheMoment View Post
Thanks for sharing this!

I am confused by you stated that the stamped your I-94 as "paroled until xx xx xxxx" and expiry as "AOS"

so is there a validity period here ? if expiry is AOS what does the date relate to ? Is the xx xx xxxx equal to the expiry period of the AP.

I am aware that we are in status till AOS application is decided upon.
The POE was Dallas TX (DFW). The paroled untill date is the expiry of AP. "AOS" was written in the middle and i did not completly understand the two myself. I will read the stamp carefully again and will post back.
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I-485/EAD/AP: RD 07/02, ND 09/03, Recieved by mail 09/10

First FP: 10/03/07
EAD Approved (Both): 09/25/07
AP Approved (Wife): 09/27/07, recieved in mail 10/10/07
RFE on AP (mine): 10/02/07, Responded 10/08/07, Approved 10/13/07, Recieved in mail 10/23/07

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  #6 (permalink)  
Old 11-27-2007, 12:08 PM
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Originally Posted by GCBy3000 View Post
Can you explain the above further. If you are a parolee, how come you can be in H1b status. If you enter US through AP, then you have to use EAD. Is this correct?
I was under the same impression for a long time untill i had a detailed discussion with my company's immigration attorney. If your H1B status is valid meaning you have approval notice with xx valid expiry date, you can travel and come back on AP and still be on H1B. The POE officer will know if you are in H1B status or not as for me, the officer scanned my expired H1B visa and she saw that my H1B still have valid time peried and she also noticed herslef that i am adjusting status. However if your H1B status expired and you did not renew it based on your approved I-140 and LC, then you have to use EAD to work and then thats what you have to show too at POE.
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RFE on AP (mine): 10/02/07, Responded 10/08/07, Approved 10/13/07, Recieved in mail 10/23/07

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  #7 (permalink)  
Old 11-27-2007, 12:21 PM
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Quote:
Originally Posted by ck_b2001 View Post
I was under the same impression for a long time untill i had a detailed discussion with my company's immigration attorney. If your H1B status is valid meaning you have approval notice with xx valid expiry date, you can travel and come back on AP and still be on H1B. The POE officer will know if you are in H1B status or not as for me, the officer scanned my expired H1B visa and she saw that my H1B still have valid time peried and she also noticed herslef that i am adjusting status. However if your H1B status expired and you did not renew it based on your approved I-140 and LC, then you have to use EAD to work and then thats what you have to show too at POE.
H-1B Visa stamp in PP and H-1B I-797 are two different things when it comes to travelling. You said that POE officer scanned your expired H-1B visa and saw that your H-1B is still valid. How is that possible if you did not show them the I-797 which has the unexpired validity.

Also if I am not wrong, the Parolee I-94 you were issued has now overridden your H-1B I-797 expiration date. That means that if your H1 797 expiration date was after 3 years , then AP expiration date which is usually one year is your , your I-94 stay is governed by AP date and not H1 date even though you resume work with same employer on their h1. This means that you may have to file to change status back to H1 after one year. Again, this is my understanrding so better check with your attorney about this. I may be wrong.
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  #8 (permalink)  
Old 11-27-2007, 12:28 PM
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Originally Posted by GCBy3000 View Post
Can you explain the above further. If you are a parolee, how come you can be in H1b status. If you enter US through AP, then you have to use EAD. Is this correct?

Sorry about the wrong info posted earlier by me... your H1 is still valid if you enter on AP ( well my lawyer gave me the wrong info so can blame him :-) )

Last edited by hpandey; 12-26-2007 at 02:40 PM. Reason: Wrong Info
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  #9 (permalink)  
Old 11-27-2007, 12:46 PM
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Default I see other experience

I see that others have posted that they travelled on AP and still they extended their H1-B; so if you use AP and if you have valid H1-B no need to use EAD.

Thanks
RT

Quote:
Originally Posted by hpandey View Post
If you entered the US based on your AP your H1 is no longer valid and you will have to use the EAD. I am pretty sure about it but still confirm with your lawyer . You cannot be on a Parolee AOS status and H1 status at the same time.
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  #10 (permalink)  
Old 11-27-2007, 12:46 PM
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Originally Posted by ashshah View Post
H-1B Visa stamp in PP and H-1B I-797 are two different things when it comes to travelling. You said that POE officer scanned your expired H-1B visa and saw that your H-1B is still valid. How is that possible if you did not show them the I-797 which has the unexpired validity.

Also if I am not wrong, the Parolee I-94 you were issued has now overridden your H-1B I-797 expiration date. That means that if your H1 797 expiration date was after 3 years , then AP expiration date which is usually one year is your , your I-94 stay is governed by AP date and not H1 date even though you resume work with same employer on their h1. This means that you may have to file to change status back to H1 after one year. Again, this is my understanrding so better check with your attorney about this. I may be wrong.
POE officer can pull up your whole record including all departures, I-94s, and approvals when they scan your visa or enter passport number. You cannot see that screen as they have filter on it to prevent side viewing. Hence when the officer scanned my expired H1B visa which she insisted that she wants to scan any visa as my passport is not machine readable, she found out that my H1 is still valid (though my visa has expired) and I am adjusting status.

I am pretty sure about H1B and AP and EAD and AP. I had a very long discussion with my attorney and i have been told that H1B and Travel are two different things.

I also mentioned that "expiry" on I-94 says "AOS" hence it will not expire until a decision is made on 485. However "paroled until" confused me which is expiry of AP.
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  #11 (permalink)  
Old 11-27-2007, 12:54 PM
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But then what will be the expiration date on I-94?
AP is valid for only one year and H1 based on your approved I-140 petition is valid for 3 years.
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Old 11-27-2007, 01:03 PM
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thanks for sharing your experience..

I am a little nervous though to use AP...in our case, my husband filed 485 with ex-employer..
to send the kids during summer and want them to come back on AP...

if anyone has similar situation..pls post for benefit of others..
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  #13 (permalink)  
Old 11-27-2007, 01:03 PM
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Originally Posted by techskill View Post
But then what will be the expiration date on I-94?
AP is valid for only one year and H1 based on your approved I-140 petition is valid for 3 years.
with AP the expiration date will always be AOS hence it does not matter if your H1B is good for 1 month or 3 yrs. However if your H1 expired and you did not switch to EAD, they will find out about it when you travel next time and may have trouble then. I think paroled until is just to validate the AP document expiry date and same I-94 will be good beyond one year.
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RFE on AP (mine): 10/02/07, Responded 10/08/07, Approved 10/13/07, Recieved in mail 10/23/07

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  #14 (permalink)  
Old 11-27-2007, 01:03 PM
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My husband and I just came back and it was a similar experience. We first had to go through the visitors lane and then referred to another officer who, I guess, has more experience with APs.

The officer was not pleased we made our own copies of the original and he stated they should make them, not us. But everything was fine, and he ended up using the copies we made. It did take some time, from asking all kinds of questions to stamping passports, I-94s, AP's and copies. It took between 15 and 20 minutes with the AP specialist officer. No fingerprints or pictures were taken.

I hope everything will now be on the computer, so that next time we re-enter it will be faster.
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Old 11-27-2007, 01:08 PM
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Originally Posted by ck_b2001 View Post
POE officer can pull up your whole record including all departures, I-94s, and approvals when they scan your visa or enter passport number. You cannot see that screen as they have filter on it to prevent side viewing. Hence when the officer scanned my expired H1B visa which she insisted that she wants to scan any visa as my passport is not machine readable, she found out that my H1 is still valid (though my visa has expired) and I am adjusting status.

I am pretty sure about H1B and AP and EAD and AP. I had a very long discussion with my attorney and i have been told that H1B and Travel are two different things.

I also mentioned that "expiry" on I-94 says "AOS" hence it will not expire until a decision is made on 485. However "paroled until" confused me which is expiry of AP.
The "paroled until" means that USCIS has approved the Parole for travel outside the U.S for only until date mentioned. But, if inside the U.S, your status remains AOS until the a decision is made on that application irrespective of your parole date. So, in short, you are allowed to stay in U.S until a decision is made on I-485 whereas if you travel outside beyond the date mentioned in the Parole, you AOS is considered abandoned unless you apply to USCIS to extend your Parole. Atleast, this is my understanding.

As far as the H1B and Parole goes, there are two schools of thought even though there is a USCIS governing doc from 2000 which explains this specifically. It says that you can travel on Parole and be on H1B status if you work for the same employer. Then, your status expires at the end of the H1 and not AOS while inside the U.S. Search this forum and it is out there posted by some other member.
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