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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 05-27-2008, 04:51 PM
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yibornindia is a jewel in the rough yibornindia is a jewel in the rough yibornindia is a jewel in the rough
Unhappy URGENT: Layoff while in INDIA on AP - can I come back? Please HELP

I am right now in india on vacation. I got a call from a coworker, news that my employer is acquired & being streamed, and there will be massive job cuts.

While, I am not sure what will happen to my job - but if anything bad happens, can I come back on AP? I am a JULY 2007 filer & I have expired H1B stamp in my passport. I am planning to use AP to reenter. I have another 2 - 3 weeks before I fly back and I am sure there will be some news before that. I am more worried as my division is not a profit making division within my organization.

What additional papers should I keep with me? What kind of complications can arise at POE? What could be the worst case scenario?

Please advice.
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  #2 (permalink)  
Old 05-27-2008, 04:57 PM
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Default Shud be ok

Quote:
Originally Posted by yibornindia View Post
I am right now in india on vacation. I got a call from a coworker, news that my employer is acquired & being streamed, and there will be massive job cuts.

While, I am not sure what will happen to my job - but if anything bad happens, can I come back on AP? I am a JULY 2007 filer & I have expired H1B stamp in my passport. I am planning to use AP to reenter. I have another 2 - 3 weeks before I fly back and I am sure there will be some news before that. I am more worried as my division is not a profit making division within my organization.

What additional papers should I keep with me? What kind of complications can arise at POE? What could be the worst case scenario?

Please advice.
I dont think u need to worry as long as you have an EAD. I doubt any Immigration officer at the PortofEntry would ask u about your employment.
I would definitely recommend to check with a lawyer if u have one who responds properly
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  #3 (permalink)  
Old 05-27-2008, 04:59 PM
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I am sure you can come back on AP as long as your I-485 is pending. Your AP gets invalidated once you have a decision from USCIS on your AOS application.

However, in case you receive a RFE from USCIS after layoff, you might need to invoce AC-21 showing new employment in similar position. Its best to hire your own attorney in such situation. Wish you good luck!
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  #4 (permalink)  
Old 05-27-2008, 05:01 PM
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Originally Posted by lvaka View Post
I dont think u need to worry as long as you have an EAD. I doubt any Immigration officer at the PortofEntry would ask u about your employment.
I would definitely recommend to check with a lawyer if u have one who responds properly
I was under same impression that since i do have AP-EAD, at POE I should not be worried if I have a job or not.

But most people on IV who shared their travel experience, said that VO at POE asked them if they are working for same employer or not.

I have emailed our company lawyer but have not hear back yet.

Any ideas?
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  #5 (permalink)  
Old 05-27-2008, 05:03 PM
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Default Well

Consider it this way - Unless your company calls you up in India to tell you that you have been laid off there is no way for you knowing that you are no longer employee of the company ( you might know it through other means I know ) .

So you can safely come back on AP and at the port of entry if they ask you who you work for you can always say that you work for so and so and they will let you in.

Normally when they parole you into US they don't ask much question ( in fact me and my wife came last week and they did not even talk to us ... just took our parole documents and stamped them and gave a new I-94 ) . So you should be safe .

Of course there are a lot of other senarios where a person had real bad luck at port of immigration but those are few .

Best consult a lawyer and also no harm in coming back on AP. You can use AC21 if your I-140 is approved.

P.S - I am not a laywer .
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  #6 (permalink)  
Old 05-27-2008, 05:03 PM
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yibornindia is a jewel in the rough yibornindia is a jewel in the rough yibornindia is a jewel in the rough
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Originally Posted by Desertfox View Post
I am sure you can come back on AP as long as your I-485 is pending. Your AP gets invalidated once you have a decision from USCIS on your AOS application.

However, in case you receive a RFE from USCIS after layoff, you might need to invoce AC-21 showing new employment in similar position. Its best to hire your own attorney in such situation. Wish you good luck!
Being a july 2007 filer with PD of late 2006, I do not think my application will have any decision by USCIS for a long time.

My immediate concern is if I will be allowed to enter USA in case if I am laid off. (This is very stressful situation and I wish GOD does not put anyone in same situation as me.)
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  #7 (permalink)  
Old 05-27-2008, 05:05 PM
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yibornindia is a jewel in the rough yibornindia is a jewel in the rough yibornindia is a jewel in the rough
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Quote:
Originally Posted by hpandey View Post
Consider it this way - Unless your company calls you up in India to tell you that you have been laid off there is no way for you knowing that you are no longer employee of the company ( you might know it through other means I know ) .

So you can safely come back on AP and at the port of entry if they ask you who you work for you can always say that you work for so and so and they will let you in.

Normally when they parole you into US they don't ask much question ( in fact me and my wife came last week and they did not even talk to us ... just took our parole documents and stamped them and gave a new I-94 ) . So you should be safe .

Of course there are a lot of other senarios where a person had real bad luck at port of immigration but those are few .

Best consult a lawyer and also no harm in coming back on AP. You can use AC21 if your I-140 is approved.

P.S - I am not a laywer .
I do have an approved I-140 but my company does not share the 140 copy with employees. Its corporate policy.
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  #8 (permalink)  
Old 05-27-2008, 05:10 PM
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If you are very much worried about the job cuts as you appear to be, it would not be a bad idea to cut short your trip and come back on AP-EAD. This way you won't have to lie at POE or give some technical answer ("e.g" smoke but didn't inhale)
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  #9 (permalink)  
Old 05-27-2008, 05:12 PM
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Quote:
Originally Posted by yibornindia View Post
I do have an approved I-140 but my company does not share the 140 copy with employees. Its corporate policy.
My personal advice is DEFINITELY TRY and COME BACK. You can do a HELL of a lot more once you are in here than when you are outside!

Besides like someone suggested, since your company has not contacted you, and since you are on vacation, you are not **required** to check your email/voice mail etc), you can safely come back and then try your luck here. If they indeed are laying you off (God Forbid), you can reason with HR or your manager to give you your I-140 so that you can avail of the AC-21 benefits.

Good luck and may the forces be with you.
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  #10 (permalink)  
Old 05-27-2008, 05:16 PM
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yibornindia is a jewel in the rough yibornindia is a jewel in the rough yibornindia is a jewel in the rough
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Quote:
Originally Posted by purgan View Post
If you are very much worried about the job cuts as you appear to be, it would not be a bad idea to cut short your trip and come back on AP-EAD. This way you won't have to lie at POE or give some technical answer ("e.g" smoke but didn't inhale)
I understand your advice, may be the best thing to do. However I am visiting india after a long time (6 years) and that too due to medical emergancy of a very near family member.

what are the laws for this? If a person has EAD-AP but no job, what a VO at POE should do?
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  #11 (permalink)  
Old 05-27-2008, 05:32 PM
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Default Weigh in your priorities

Dude,
If u r visiting ur home after 6 years, u got to relax and take a step back and weigh in ur diffrent priorities and options. First of, you are not even sure at this point if u r one of the unlucky ones to make it to the "canned" list. So until u hear that, relax, enjoy ur holiday, and meanwhile in ur spare time, keep ur resume update and possibly upload to job sites, in either case, u will be able to come back on AP, and then get in a job. I understand its easier then said, but dont get too tensed!
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  #12 (permalink)  
Old 05-27-2008, 05:49 PM
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yibornindia -

Is the meaning of your login name is 'why i born in india' ? Are you questioning your own existence ? If yes, I bet you will never be happy no matter wherever you are. If no, please ignore my post.

You can come back on AP-EAD even if you loose your current job. Few years ago I knew a friend who had gone thru same situation.
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  #13 (permalink)  
Old 05-27-2008, 05:58 PM
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yibornindia is a jewel in the rough yibornindia is a jewel in the rough yibornindia is a jewel in the rough
Smile

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Originally Posted by spbpsg View Post
yibornindia -

Is the meaning of your login name is 'why i born in india' ? Are you questioning your own existence ? If yes, I bet you will never be happy no matter wherever you are. If no, please ignore my post.

You can come back on AP-EAD even if you loose your current job. Few years ago I knew a friend who had gone thru same situation.
Glad you noticed...

I choose this name long back to (when CIR bill was on the floor in senate) protest against descrimination based on country of birth when it comes to employment based GC process. It doesn't mean I am not proud of my roots. All I tried is to highlight the descrimination.
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  #14 (permalink)  
Old 05-27-2008, 06:04 PM
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Quote:
Originally Posted by yibornindia View Post
I understand your advice, may be the best thing to do. However I am visiting india after a long time (6 years) and that too due to medical emergancy of a very near family member.

what are the laws for this? If a person has EAD-AP but no job, what a VO at POE should do?
The worst case scenario is, VO determining that you have no basis to enter US. I was in somewhat similar position where I had to return on H1B. My company cooperated by issuing employment verification letter to address any issues at POE. The alternatives in your case could be

Have another job offer available from one of the several consulting firms. This could answer both questions about basis for entry and future job offer.

Port to self employment. Aytes memo talks about ability to port to self employment. YOur lawyer should be able to advise how well it is applicable and what you need to do.

Talk to your manager for deferred / leave of absence if layoff is imminent.
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  #15 (permalink)  
Old 05-27-2008, 06:13 PM
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Quote:
Originally Posted by yibornindia View Post
Glad you noticed...

I choose this name long back to (when CIR bill was on the floor in senate) protest against descrimination based on country of birth when it comes to employment based GC process. It doesn't mean I am not proud of my roots. All I tried is to highlight the descrimination.
I am so relieved and happy to read your explanation though I was ready to start war of words. I wish you safe return
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