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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 06-20-2008, 06:04 PM
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Default Using AP but not working for GC sponsored employer

Company A sponsored my GC , 140 approved pending 485 passed 180 days.
Worked for company A for 1 year After filing 485.

Now i joined company B using H1 transfer. Company A is not going to revoke by GC process.

So now if i use AP and the immigration officer asks me about my current employer, what will happen if i say i work for company B and not GC sponsored company.

What are my options?
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  #2 (permalink)  
Old 06-21-2008, 02:35 AM
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Originally Posted by krishna_brc View Post
Company A sponsored my GC , 140 approved pending 485 passed 180 days.
Worked for company A for 1 year After filing 485.

Now i joined company B using H1 transfer. Company A is not going to revoke by GC process.

So now if i use AP and the immigration officer asks me about my current employer, what will happen if i say i work for company B and not GC sponsored company.

What are my options?
AFAIK it is ok to say that you have used AC-21 and now another employer is going to provide EVL. You can keep a copy of Employer letter with you.
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  #3 (permalink)  
Old 06-21-2008, 08:30 PM
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Question Same Boat

I am also in the same boat and I have also posted similar question like this. But I didn't get much replies!!! What I feel is not many people have gone into this situation and we may be some who will get experimented with this.

Please let me know if anybody had this situation and got out of the situation without any prejudices.

What all I understand is that it is still okay to go to India and come back on AP. Please correct me if I am wrong.

Thank you all for your kind attention.
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  #4 (permalink)  
Old 06-21-2008, 09:37 PM
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let007live4ever is on a distinguished road
Default

I am in the same situation and travelled back to US on AP. No problems at all. Officer asked me if I am working for the same company which sponsored GC and I said NO. Simple process.

If you have more questions, let me know.

POE: Newark
Date of Arrival: June 14th 2008
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  #5 (permalink)  
Old 06-21-2008, 10:29 PM
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Default

Quote:
Originally Posted by let007live4ever View Post
I am in the same situation and travelled back to US on AP. No problems at all. Officer asked me if I am working for the same company which sponsored GC and I said NO. Simple process.

If you have more questions, let me know.

POE: Newark
Date of Arrival: June 14th 2008
Thank you let007live4ever
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  #6 (permalink)  
Old 06-21-2008, 10:35 PM
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Exclamation Hi let007live4ever

Interesting. Did you have your H1 stamped? Did you have your employment letter or appointment letter?
What did they put in your I94?

Did you have the same designation for the new Job in the letter if they issued you one at this time?
thanks

Last edited by ajay; 06-22-2008 at 11:58 AM.
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  #7 (permalink)  
Old 06-22-2008, 01:03 PM
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Default You are the first one !

007,
its nice to see your post - I've asked this Q in several threads in IV that if some one answers "NO" that question "r u still with GC sponsoring Employer" while entering in AP what will happen to that individual ?? I mean IO asks that question at POE with 'raised eyebrows and a little elevated voice' . I've never see anyone in IV saying that i answered 'No' and still writing posts at IV which gave me a indirect feelings that those guys could never enter US after giving such an answer

let007live4ever is the first one in IV - that's why i'm called him as '007' - take it easy... in few months i'll try to become next '007' - i'm on my way to changing employer and re-enter in AP ....

Quote:
Originally Posted by let007live4ever View Post
I am in the same situation and travelled back to US on AP. No problems at all. Officer asked me if I am working for the same company which sponsored GC and I said NO. Simple process.

If you have more questions, let me know.

POE: Newark
Date of Arrival: June 14th 2008
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  #8 (permalink)  
Old 06-22-2008, 01:07 PM
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Default ap..

not sure if this will help you guys, when I used ap to re-enter , i was not working for the sponsoring employer. luckily, the immigration folks did not question abt my sponsoring employer...
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I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
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  #9 (permalink)  
Old 06-22-2008, 01:09 PM
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Default

I dont seee why this should be an issue. AC21 is enacted for a reason. I am travelling next month and I have changed employers. The IO might not be conversant and may raise an eyebrow but that doesnt matter. The law is very clear and there is no abiguity. I am anticipating a secondary inspection, but I see nothing to lose sleep over
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Last edited by surabhi; 06-22-2008 at 01:12 PM.
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  #10 (permalink)  
Old 06-22-2008, 01:32 PM
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Default Nice to see smart answer but...

While i appreciate your answer - let me say this. We all know AC21 but the IO at POE in some POE's may not know that properly - i'm serious. And they think themselves as God at POE ( at least some of them are really rude as if we are sneaking illegally)

If we get into a Brawl with them explaining AC21 and legality of our actions -they could simply send you back. The Civil rules and laws, lawyer support etc.. doesn't work at POE because logically u r not at US - right ?

While i wont insist anyone to lose sleep over this issue - its always good to brainstorm with others and find the best answer and course of action if things take bad turn at POE ....


Quote:
Originally Posted by surabhi View Post
I dont seee why this should be an issue. AC21 is enacted for a reason. I am travelling next month and I have changed employers. The IO might not be conversant and may raise an eyebrow but that doesnt matter. The law is very clear and there is no abiguity. I am anticipating a secondary inspection, but I see nothing to lose sleep over
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  #11 (permalink)  
Old 06-22-2008, 02:37 PM
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nepaliboy has a little shameless behaviour in the past
Default

Quote:
Originally Posted by let007live4ever View Post
I am in the same situation and travelled back to US on AP. No problems at all. Officer asked me if I am working for the same company which sponsored GC and I said NO. Simple process.

If you have more questions, let me know.

POE: Newark
Date of Arrival: June 14th 2008
hi did you have to explane anything when you said NO?
did they asked any other question when you said NO?
Please post more information .
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  #12 (permalink)  
Old 06-22-2008, 03:42 PM
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Default

Quote:
Originally Posted by diptam View Post
007,
its nice to see your post - I've asked this Q in several threads in IV that if some one answers "NO" that question "r u still with GC sponsoring Employer" while entering in AP what will happen to that individual ?? I mean IO asks that question at POE with 'raised eyebrows and a little elevated voice' . I've never see anyone in IV saying that i answered 'No' and still writing posts at IV which gave me a indirect feelings that those guys could never enter US after giving such an answer

let007live4ever is the first one in IV - that's why i'm called him as '007' - take it easy... in few months i'll try to become next '007' - i'm on my way to changing employer and re-enter in AP ....

Hi Diptam,
As you know GC can be sponsored by any employer for a Future Job.
So if a (person) is working for Comany A and Company XXX processes GC expecting the (person) would work for them when GC is approved.

In the above case what should the (person) say to the IO when he is using AP?
Technically (Person) would not work for XXX until he gets his GC.
And AP can be used by a (person) whose 485 is pending.

Please advise.

Krishna

Last edited by krishna_brc; 06-22-2008 at 03:45 PM.
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  #13 (permalink)  
Old 06-22-2008, 03:55 PM
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Default I would ask letlive007 to answer....

Krishna,
That's the exact answer i'm looking for. I understand IO at Newark/JFK are far more educated ( rather Knowledgeable) than other IO's in respective US cities... This is my plan of action in case i've to travel in AP after employer switch:

a) Try to enter through Newark or JFK and then have a connecting flight to your residence town. In my case its Boston , not far from JFK...
b) Keep a copy of the current EVL ( that you need from 2nd employer mentioning Future employment ) and also the Prior EVL that the 1st employer also ageed to offer Future employment till 6 Months after 485
c) As a backup keep the 2-3 pages printout of AC21 and highlight the specific lines and show it to them

I think that should be enough to logially explain the IO about legally switching employer - be Calm ,cool and but stick to your Point . Dont say a single extra word , dont fume off if the IO is behaving rude with you. After entering you always have the option of complaining against a rude IO at POE but not before he lets you enter - You know what i mean. Its a matter of getting Job done

Quote:
Originally Posted by krishna_brc View Post
Hi Diptam,
As you know GC can be sponsored by any employer for a Future Job.
So if a (person) is working for Comany A and Company XXX processes GC expecting the (person) would work for them when GC is approved.

In the above case what should the (person) say to the IO when he is using AP? Technically (Person) would not work for XXX until he gets his GC.
And AP can be used by a (person) whose 485 is pending.

Please advise.

Krishna

Last edited by diptam; 06-22-2008 at 04:04 PM.
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  #14 (permalink)  
Old 06-22-2008, 04:34 PM
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Exclamation Great Responses

Diptam
a) Try to enter through Newark or JFK and then have a connecting flight to your residence town. In my case its Boston , not far from JFK...
I am coming through Dulles International Airport Washington. I don't know if the guys sitting there are knowledgeble.
b) Keep a copy of the current EVL ( that you need from 2nd employer mentioning Future employment ) and also the Prior EVL that the 1st employer also ageed to offer Future employment till 6 Months after 485
I don't know if it is true that one should have such a letter after passing 180days after I485 was filed.
c) As a backup keep the 2-3 pages printout of AC21 and highlight the specific lines and show it to them.
What is this printout you are talking about, can you guide me please.

Thanks in anticipation.

Ajay
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  #15 (permalink)  
Old 06-22-2008, 04:42 PM
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Default

Quote:
Originally Posted by diptam View Post
While i appreciate your answer - let me say this. We all know AC21 but the IO at POE in some POE's may not know that properly - i'm serious. And they think themselves as God at POE ( at least some of them are really rude as if we are sneaking illegally)

If we get into a Brawl with them explaining AC21 and legality of our actions -they could simply send you back. The Civil rules and laws, lawyer support etc.. doesn't work at POE because logically u r not at US - right ?

While i wont insist anyone to lose sleep over this issue - its always good to brainstorm with others and find the best answer and course of action if things take bad turn at POE ....
1. I am planning to take employment verification letter stating the job description and duties same as in my LC
2. Labor approval
3. I-140 approval notice
4. I-485 receipt notice

I'd take print outs of relevant sections from AC21 about ability to change job after 180 days

I'd give heads up to my HR department.

There is lot of material on denying admission and it will not just be determined by the first IO you meet to get your I-94 stamped. IF I am inadmissable, it will be determined after several hearings and I am certain I'd have right to attorney. If it comes to that I am sure the law will prevail.
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