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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 03-11-2009, 03:39 PM
Member
Priority Date
:
Jun-05
Category
:
EB3
I140 Mailed Date
:
12/15/2005
Chargeability
:
Turkey
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
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Join Date: Oct 2007
Posts: 29
tertip is a jewel in the rough tertip is a jewel in the rough tertip is a jewel in the rough
Default travel on AP, H1B expired, changed employers

Hi All,

EB3-ROW PD: June 6, 2005
AOS application sent: July 1, 2007
I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.

My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?

Thanks a lot for all your support!!
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  #2 (permalink)  
Old 03-11-2009, 03:48 PM
Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
04/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Jan 2008
Posts: 68
krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts
Default Similar Case

u need nothing, AP and Passport are enough
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  #3 (permalink)  
Old 03-11-2009, 03:56 PM
Senior Member
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
11/15/2006
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/10/2007
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Join Date: May 2006
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Default

Krithi.. you said your case was similar. Have you had to travel back into the US after having switched jobs on an EAD with a pending 485?

Did you have to carry employment verification letters, paystubs, old H1b notice, AC21 docs (if any) also?

As 'tertip' noted, it would be nice if someone with first hand experience could post details on what the IO's response was when they said they did not work for the same employer anymore?
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  #4 (permalink)  
Old 03-11-2009, 04:20 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
02/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2007
Compare
Join Date: Jul 2007
Posts: 562
vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute
Default

Quote:
Originally Posted by tertip View Post
Hi All,

EB3-ROW PD: June 6, 2005
AOS application sent: July 1, 2007
I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.

My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?

Thanks a lot for all your support!!
I changed jobs twice using AP. I filed AC21 first time. I did not file AC21 when i moved the second time. I am no longer on H1-B.

I entered US on AP couple of months ago. Passport and AP document are all you need.

At POE, I let the IO know that i am entering on AP. If not they may start to look for visa in the passport. Hand over the AP documents and passport. I was sent to secondary inspection(typical for AP holders. nothing to be concerned). They take the documents at the secondary inspection and ask to wait. Few minutes later, they call me and give me a stamped AP document, I-94 and passport.

My sincere advise, also take I-485 receipt notice, I-140 approval document, employment letter from current employer (few words describing your job duties and when you started),
and current pay stubs. All these are supporting documents only if they ask.

Changing jobs without informing USCIS is OK when you are using AC 21. There is no rule that you need to inform job changes.

Another smart thing to do would be in the employment letter also mention that this job is similar to the one applied for your green card. Again these are not mandatory just a good supporting document.
__________________
Used AC21 twice
Greened on 07/20/10
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  #5 (permalink)  
Old 03-11-2009, 04:56 PM
Senior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
07/03/2007
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:
India
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:
I-140+I-485
I485 Mailed Date
:
07/06/2007
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Posts: 125
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Default

When you enter first time the IO @ POE will take you to a separate room (not for a interogation, but a routine process which they follow) ................ so keep all answers ready as what you will say if they ask (I am sure in todays date they will ask) are you with same employer, do you have a job, do you have recent paystubs and so on.

All I can suggest is do not fumble with words there rather than just be confident in what you speak and if he asks for documents what will you do then.
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  #6 (permalink)  
Old 03-11-2009, 05:02 PM
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Priority Date
:
Jun-05
Category
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I140 Mailed Date
:
12/15/2005
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:
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:
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I485 Mailed Date
:
07/01/2007
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Join Date: Oct 2007
Posts: 29
tertip is a jewel in the rough tertip is a jewel in the rough tertip is a jewel in the rough
Default To answer the question "Are you still with the same employer?"

The answer to that question would be "no". Would the IO be satisfied with the job description of the new job? Would he ask if I filed AC21? I don't want to sound paranoid, but it would be great if there was anyone on these forums that was in a similar situation and was asked that question...
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  #7 (permalink)  
Old 03-11-2009, 05:28 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
02/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2007
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Join Date: Jul 2007
Posts: 562
vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute vin13 has a reputation beyond repute
Default

Quote:
Originally Posted by tertip View Post
The answer to that question would be "no". Would the IO be satisfied with the job description of the new job? Would he ask if I filed AC21? I don't want to sound paranoid, but it would be great if there was anyone on these forums that was in a similar situation and was asked that question...
You do sound paranoid.

When the law doesnot require tht a person file AC21 when changing jobs and yet you are not satisfied. That is PARANOID.

People are going to give their personal experience. If you are not satisfied then get legal advise from a lawyer.

All Immigraton Officers will not ask the same questions nor react the same way for similar answers.
__________________
Used AC21 twice
Greened on 07/20/10

Last edited by vin13; 03-11-2009 at 06:38 PM.
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  #8 (permalink)  
Old 03-11-2009, 08:05 PM
Member
Priority Date
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Jun-05
Category
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I140 Mailed Date
:
12/15/2005
Chargeability
:
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Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
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Join Date: Oct 2007
Posts: 29
tertip is a jewel in the rough tertip is a jewel in the rough tertip is a jewel in the rough
Default

Quote:
Originally Posted by vin13 View Post
You do sound paranoid.

All Immigraton Officers will not ask the same questions nor react the same way for similar answers.
Hence the reason I was asking for personal experiences. Thanks for your input.
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  #9 (permalink)  
Old 03-11-2009, 08:33 PM
Donor
Priority Date
:
Mar-03
Category
:
EB3
I140 Mailed Date
:
09/24/2006
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/02/2007
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Posts: 300
ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute ArkBird has a reputation beyond repute
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One BIG RED I see in your profile is you filed in July, 07 and changed job in Dec, 07. Did you waited for 6 months to change the job?



Quote:
Originally Posted by tertip View Post
Hi All,

EB3-ROW PD: June 6, 2005
AOS application sent: July 1, 2007
I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.

My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?

Thanks a lot for all your support!!
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  #10 (permalink)  
Old 03-11-2009, 09:04 PM
Member
Priority Date
:
Jun-05
Category
:
EB3
I140 Mailed Date
:
12/15/2005
Chargeability
:
Turkey
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: Oct 2007
Posts: 29
tertip is a jewel in the rough tertip is a jewel in the rough tertip is a jewel in the rough
Default

Arkbird,
I started my new job 5 months after I applied 485. Unfortunately I didn't have a choice then. That was one of the reasons I didn't file AC21. My tactic has been silently waiting for green card. With the April 09 visa bulletin I might have to wait for waay to long. I hope I won't receive an RFE for employment.
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