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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 09-28-2009, 04:43 PM
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Default Travel on AP after changing Employer, not filled AC21

All,

I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.

Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
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  #2 (permalink)  
Old 03-22-2010, 09:31 AM
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Default

Hi,

My Situation is very similar to above mentioned and I would appreciate if someone can give comments.

My I-485 was filed during July'07 and I-140 was approved during the same time but I was on H1 until Feb'10 working for employer directly and lost my job. I have found new job now starting March 15 but I am not going to transfer H1 and started working on EAD. I am not sure about filling AC21 as it might create unnecessary confusion and I don't want to miss out in case my date become current (Nov'06) due to spill over.
Now, I have to travel internationally for work and will be using first time my AP but not sure how to answer question on my employer without filling AC21.

I can bring AC21 memo and show them paycheck from last employer and new employer (with little more than one month gap in between) but not sure if that is enough. Let me know your suggestion.

Also, my old employer will most likely not revoke 140.

Thanks,
Sam
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  #3 (permalink)  
Old 03-22-2010, 09:37 AM
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Default

I did travel back in Dec-Jan to India and back, and just like you we used the AP to re-enter.

I also am working using my EAD and not H1b. And have switched employers using AC-21. I did send in papers to uscis regarding my Ac-21, but none of that really came into play at the washington dc airport.

We weren't asked anything related to our employment - no letters, pay-stubs, etc. All they looked at was the AP and that's it.

I think it is safe to travel for you too. The fact that you have switched employers is completely legal. It might be wise to take the AC-21 memo and old and new pay stubs along with you.
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  #4 (permalink)  
Old 03-22-2010, 11:54 AM
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Default Its safe to travel...

It should be safe to travel for both of you.....

I am exactly in the same situation.....EB2, I40 approved, PD June 2006, and filed 485 in the july 2007 mess... I changed my job immediately after 6 months passed in March 2008....I have not informed USCIS about job change (AC21)......and my port of entry was Washington DC (IAD) airport......

I have travellled twice using the AP, once in April 2008 and once in December 2009.....went through typical two step exit process from immigration......first time, I was asked who do I work for ---- I told the name of the new company and said I used to work for XX compnay (filing company).....no follow up questions or documents were asked for.....second time no questions at all.....

Both times, I got a feel from what they were checking is that all they check is whether your I-485 is pending or not in their system......

hope this helps...

Thanks....
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  #5 (permalink)  
Old 03-22-2010, 01:12 PM
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Default

This is just an opinion and things can be different from case to case.......so please do not take this as legal advice.

As long as one's employment is legal and you are following all the rules regarding employment i.e. in case of an RFE you will be satisfying the rules of AC 21(same or similar job+ salary requirements:even though filing it is not mandatory and should not affect AP travel) you "should(not necessarily would)" be fine.
Do carry all your documents especially "employer verification" documents, paystubs etc to verify your legal status.

No one can predict that how a particular POE will respond so their is no silver bullet answer. All one can say is that if your employment is legal under the current immigration laws then you should be fine....
Please talk to a reputed immigration attorney to get clarifications regarding your specific case.
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  #6 (permalink)  
Old 03-22-2010, 01:39 PM
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Default No worries

Quote:
Originally Posted by samswas View Post
All,

I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.

Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
I am in the same boat and travelled twice, no questions asked about employment.
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  #7 (permalink)  
Old 03-22-2010, 03:43 PM
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samswas - sorry for hijacking your thread a little bit.
here is my question:
Can I travel while EAD is still pending, though EAD is not being used, and mode of entry will be still H-1 and AP papers as backup.(no employment change)
__________________
PD: Oct 2006
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I-485, AP, EAD Filed 7/2/07 NSC
RD: 7/30/07, FP: 8/24/07
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AP: 10/20/07
2nd EAD received - 8/28/08 (2 year validity)
3rd EAD: received - 8/25/10 (2 year validity)
2nd AP: applied 08/29/08, received on 11/11/08
3rd AP: applied 1/25/10, received on 04/14/08
LUD: I-485 - 8/26/07, 5/6/08 (address change)
Hard LUD (RFE) asking for G 325 & birth cert - 03/09
USCIS recvd the response 4/8/09 - same day hard LUD - under process
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  #8 (permalink)  
Old 03-22-2010, 08:09 PM
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Default You should be ok

You should be ok to re-enter when you have a valid AP (and valid visa/EAD if they ask) even though if you changed the jobs. I think it is risky though. We never know when will the rules change so its safe to file AC21. I did file AC21 but they never opened my AC21 file. They sent an RFE to my old employer(internal attorney) for employer letter after 1year of filing AC21. I had couple of LUDs so I thought they were for AC21 but not really. So strange things may happen. Some officers at port of entry may be too curious about these issues though if you have valid APs. They shouldnot deny the entry but you may have to go through the waiting. So my suggestion is do not delay AC21.

Quote:
Originally Posted by samswas View Post
All,

I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.

Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
__________________
PD: 12/28/2006
Catagory: EB2 (BS + 5 years)
I140 Approved: 11/07/2007(NSC)
485 Filed: 07/02/2007 (NSC) -- Approved on 07/12/2011
AC21: 05/2008
RFE : 03/2009 (EVL)
I485 Approved: 07/12/2011


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  #9 (permalink)  
Old 03-30-2010, 01:44 PM
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Default Similar Situation

PD: 06/26/2006
Category: EB2
I140 Approved: 02/14/2006
485 Filed: 07/02/2007 (NSC) -- Pending
H1-B:- 9th year expiring on May 26th 2010
EAD:-Valid till 09/2/2010
AP:- Valid till 09/2/2010

I work for big consulting firm - Lockheed Martin. Where they have different business groups under different VP. And Pretty much my project works as it's own company. And I try to maintain both H1-B and EAD(AP) valid.

While filing my Green card I was filed under Lockheed Martin-Federal(Subsidiary of Lockheed Martin) and also I got my H1-B approved in May 2007(Valid until May 2010) under Lockheed Martin-Federal. End of 2008 my business unit's VP changed and so the name of Subsidiary with different FEIN and from September 2008 I work for Lockheed Martin-S&L(Subsidiary of Lockheed Martin). So for the year 2008 I got two W2 one from Lockheed Martin-Federal and another from Lockheed Martin-S&L. As I was working for Lockheed Martin and the same project since I have filed my Green Card; I never thought my case would be of any issue.

But after reading about AC-21 I have following questions from the community

1) In case above, do I need to file for AC-21. Or will I be okay at the time of my Green Card approval.

2) I have travel plans in the month of June 2010 to Europe. Should I worry about re-entering US with AP.

3) My lawyer is applying for H1-B under new companies name, do you think my H1-B will get approved with the new company name.

Thanks a lot
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  #10 (permalink)  
Old 03-30-2010, 04:36 PM
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Thumbs up

You should be fine. We travelled one month after I switched employers using the AP I got while working for the old employer. No questions asked. But do carry all supporting documents and if asked about current employer, tell him the truth that you switched employers. Don't hide anything. Good Luck!

Quote:
Originally Posted by samswas View Post
All,

I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.

Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
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  #11 (permalink)  
Old 03-30-2010, 05:25 PM
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Default did 5 trips..

did 5 trips in the past 2 years (few of them official) using AP. Changed jobs twice in EAD not filed ac21. As long as you have valid AP, you are good to go to enter. make sure you remain calm and answer any questions in POE. You will be fine.
__________________
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PD 1/03
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.
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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.
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  #12 (permalink)  
Old 04-21-2010, 09:36 AM
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Default

Thanks for your reply guys. I just came back from international travel and I thought I should share here for the benefits of others.

My lawyer at new company suggested we apply for AC21 just to be safe and we did the same before I traveled and I kept copy of it with me. I was told that officer doesn't generally ask for employment but I was asked about it during first inspection. He asked me where I work now and who filed for my GC. When he found out that I work for different employer he said "I thought you can't change job while this is pending". I didn't respond as his question was casual and I knew I would be going through secondary inspection. I didn't want to go into AC21 discussion with him unless he insisted. He didn't say anything and sent me to secondary inspection.
No question asked at secondary inspection at all.

I hope it helps other. just be prepare in case.

Thanks again.
Sam
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