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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 12-31-2007, 10:44 AM
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Default Travel to INDIA on AP

I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:

1. Should I apply for AP for both of us?
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?

Your help is greatly appericated.

Thank you.
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Old 12-31-2007, 11:20 AM
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Hi,

I just came back from India with my wife and daughter. I am also on H1B extension. Got my EAD, AP few months back. Please see below reply to your questions..

Quote:
Originally Posted by jcrajput View Post
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:

1. Should I apply for AP for both of us? Yes you should - makes life easier while travelling outside
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport? NO - You can travel anywhere using AP. Also you can still continue working on H1B until and unless you take a new job using EAD.
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time? Tell them you are traveling on AP as you are adjusting your status. They will just see your AP. Thats it. While entering in US, tell immigration officer that you are traveling on AP - he will check you passport and AP and then you will be escorted to a room where your AP will be stamped and will return once stamped. Then your are all set. They will let you come in. They might ask one or two casual questions like how many days your were in India, what was the purpose of travel etc..(giving example of India as I am from India) - nothing more than that..
Your help is greatly appericated.

Thank you.

Last edited by ddeka; 12-31-2007 at 11:23 AM.
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Old 12-31-2007, 11:26 AM
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Thank you for your help. I really appericate your response.
I have one more question. How I can apply for AP? How long AP is valid for?
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Old 12-31-2007, 12:06 PM
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ddeka will become famous soon enough
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My attorney applied for me. I am not sure what needs to be done if you want to apply yourself. AP will be valid for 1 yr and requires renewal every yr.

Quote:
Originally Posted by jcrajput View Post
Thank you for your help. I really appericate your response.
I have one more question. How I can apply for AP? How long AP is valid for?
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Old 12-31-2007, 12:28 PM
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Thank you.
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Old 12-31-2007, 03:57 PM
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See my answers. WE just came back on AP, no issues.
Quote:
Originally Posted by jcrajput View Post
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:

1. Should I apply for AP for both of us?
YES
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
NO
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?
In my case (we just returned on AP) the IO at Chicago did not take us to a room. He stamped AP thereon the counter, kept one copy and returned other to me. Carry all three copies of AP along with a photocopy.

Your help is greatly appericated.

Thank you.
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Old 01-02-2008, 06:11 PM
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Default Transit with expired h1b visa in Passport

Folks,

Can any of you share the experience of travel to india with AP with a valid H1b (Not stamped in passport), Especially if you are doing transit through european countries? i have heard of issues of UK not treating AP as a form of valid visa? is there any restrictions on transit through any other country?

thanks
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Old 01-02-2008, 07:12 PM
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Quote:
Originally Posted by vxg View Post
See my answers. WE just came back on AP, no issues.
Could you tell us if the I-94 was stamped with the date your AP expires? Will you need to re-apply for an H1 extension after that date?
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Old 01-02-2008, 08:33 PM
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Quote:
Originally Posted by glub View Post
Could you tell us if the I-94 was stamped with the date your AP expires? Will you need to re-apply for an H1 extension after that date?


I have the same question and a few more:

I am told that when you enter on AP, your I-94 will mention AOS or parolee or something and is valid only upto the expiry of the AP. (which in my case only 9 months or so now).

So what are the problems/implications becasue of this? Are we still on H1b status?

Under this circumstance, if one wants to change employers by H1-B transfer (NOT using EAD), will there be ANY issues in the transfer?


In short, will entering on AP casue any issues to people who want to stick to H1b and also plan on changing jobs via h1b transfer in the near future (and also marry and bring H4 dependent)?

I understand that these are very low level questions and better to consult an attrorney etc.

Last edited by sundarpn; 01-02-2008 at 08:36 PM.
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  #10 (permalink)  
Old 01-02-2008, 08:37 PM
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I have few questions on filling AP document.

1) What could be the best reason to write on 131 document. USCIS says it should be family emergency or business. I am going on family visit. If i write "Family visit" will it be a problem ie RFE from USCIS saying that reason for travel is not good or something else.

2) I live in Phoenix, Arizona. Should i send 131 to texas service center or california. All my 485 & 140 were with TSC. Coz when i goes to USCIS website, Arizona state is not covered by TSC.

Please reply.

Thanks in advance
sree
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