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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #16 (permalink)  
Old 02-27-2008, 05:53 PM
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Originally Posted by p_kumar View Post
I heard using AP for vacations was frowned upon?.
Just curious - where did you hear that ??
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  #17 (permalink)  
Old 02-27-2008, 06:01 PM
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Originally Posted by USDream2Dust View Post
Guys, Never in my immigration life I have faced this scenario. I always had I94 valid until dates or I renewed visa's. Any Suggestions?
According to my lawyer, it doesnt matter if your I94 date has expired if you are in the US pending AOS ...
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  #18 (permalink)  
Old 02-27-2008, 06:11 PM
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Originally Posted by sam_hoosier View Post
Just curious - where did you hear that ??
Just gathered it on this forum. When applying for I-485, you are saying going back to your home country is not feasible now and therefore you are asking the USCIS to adjust your status here.

You are contradicting yourself when you say now that it is not only feasible to go to your home country but also take leisurely vacations. General understanding is that AP is for emergency travel.
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  #19 (permalink)  
Old 02-27-2008, 06:33 PM
k94 k94 is offline
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What is the law about using AP?

Is it for emergency travel, to only the home country?
Is it for emergency travel, to any country?
Is it a travel document (like a visa) for ANY travel (personal or business, to any country)

Originally (many, many years ago), when the GC process took less than a year, it would make sense that AP was only for emergency travel. However, currently, with the GC process taking 4-? years, and the visa security checks a real pain, has the CIS changed the scope of AP.

Based on all the posts regarding AP travel, about 95% had no problem entering the US (although I believe most of them were coming back from their home country).

I want to visit the Caribbean (winter blues), but I can't imagine selling the idea of a 'sun' (or lack thereof) emergency as the reason for my travel.
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  #20 (permalink)  
Old 02-27-2008, 07:05 PM
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Originally Posted by k94 View Post
What is the law about using AP?

Is it for emergency travel, to only the home country?
Is it for emergency travel, to any country?
Is it a travel document (like a visa) for ANY travel (personal or business, to any country)

Originally (many, many years ago), when the GC process took less than a year, it would make sense that AP was only for emergency travel. However, currently, with the GC process taking 4-? years, and the visa security checks a real pain, has the CIS changed the scope of AP.

Based on all the posts regarding AP travel, about 95% had no problem entering the US (although I believe most of them were coming back from their home country).

I want to visit the Caribbean (winter blues), but I can't imagine selling the idea of a 'sun' (or lack thereof) emergency as the reason for my travel.
I guess USCIS thinks immigrants do not need vacations, cant bring/see their relatives etc.
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  #21 (permalink)  
Old 02-27-2008, 07:34 PM
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Default What if you have changed employer?

Thank you very much for sharing your experience. I have changed my employer and planning to use AP to travel to home country. I have also submitted all the evidence for AC21.
Though you did not change employer, what do you think the risks are if I travel and return on AP? I am really worried by some experiences, particularly of those who changed employers.

Quote:
Originally Posted by USDream2Dust View Post
Hi Folks,

I would like to share my AP experience with you all. My situation first.

H1B expired on passport and renewed but not stamped.

Port of departure melbourne/australia
Port of entry LA
Had a connecting flight to JFK.

Showed my AP to Immigration Officer and he walks me down to office and says this is normal procedure everytime you use AP.

My Wife travelling with me has valid H1 stamp and clears immigration in 2 mins.

My connecting flight to JFK is delayed 30 mins because of me. (Very nice of Quantas to wait for me).

My process in office about 20 mins and then back to another immigration officer for another 15 mins.

Questions.
Do you still work for your sponsor employer?
Me . YES
What do you do?
ME. Programmer.
Do you use C language?
ME. DOT NET (My guess here is he had some questions for C Programmers)
ME. Do I need I94 to be filled out?( Stupid of me as it delayed me another 5 mins)
Officer : Yes fill it out here

No paystubs or no other documents checked. He checked my 485 status in system and said ok.

Also he asked about my wife and when I said she used her visa he was furious. He says that AP is on top of any visa and if you have AP you have to use AP. Not sure about this but this were his statements and they never even called my wife back as she was just 10 feet away from me waiting for my mess to get over .

Overall timeconsuming but better than visa stamping. I had no choice as I was going on vacation to australia and didn't want to ruin it for visa stamping. Just make sure that you don't have connecting flights for 2 hours atleast otherwise you can be in deep disturbing state like me.

let me know if you have questions.
USDREAM2DUST
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  #22 (permalink)  
Old 02-27-2008, 08:18 PM
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Question I've same question too....

All the folks who share experience of AP are asked that question "Are you with same employer" and they answered 'Yes'. I haven't seen any saying 'No' writing their travel experience with AP - Do you know what i'm trying to mean ? This time i had AP and H both and i'm "with same employer" so i didn't go AP route because that wont be the adventurous !! ( Kidding )

Respected lawyer Mr.Greg Siskind has clearly mentioned in one IV post that AP usage is okay if you have "Bonafide Reasons" - It need not has to be "Emergency Reason".

By the way on a lighter note - One of my local friend here didn't shave for 4-5 days before his trip , hair not combed , wearing creased clothes to justify at the Port of Entry that he is coming back from a "Emergency". He is a good guy but didn't want to take any chances

Quote:
Originally Posted by jungalee43 View Post
Thank you very much for sharing your experience. I have changed my employer and planning to use AP to travel to home country. I have also submitted all the evidence for AC21. Though you did not change employer, what do you think the risks are if I travel and return on AP? I am really worried by some experiences, particularly of those who changed employers.
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  #23 (permalink)  
Old 02-27-2008, 08:32 PM
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Angry My visa stamp is valid but still was forced to use AP

Here is my experience..........
I flew into LAX on feb 24th. I had a valid visa stamp in my passport but the immigration officer still forced me to use my AP as according to him AP trumps any visa.....he said else he will have to refer me to a US immigration office within the next 10 days to explain my situation.
I talked to my lawyer yesterday and she told me he should not have asked for AP if the visa stamp was valid.............but I guess these guys really do not care and are going by whatever they want to do.....
When I tried to explain to him what my lawyer had told me the blighter had the audacity to tell me that "anyone can be charged with a crime whether he has even done or not but the paintiff will have to go to court to prove his innocence"....so same way he can be right or wrong still it is I who will have to prove that I am right..........
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  #24 (permalink)  
Old 02-27-2008, 08:53 PM
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Originally Posted by saketkapur View Post
Here is my experience..........
I flew into LAX on feb 24th. I had a valid visa stamp in my passport but the immigration officer still forced me to use my AP as according to him AP trumps any visa.....he said else he will have to refer me to a US immigration office within the next 10 days to explain my situation.
I talked to my lawyer yesterday and she told me he should not have asked for AP if the visa stamp was valid.............but I guess these guys really do not care and are going by whatever they want to do.....
When I tried to explain to him what my lawyer had told me the blighter had the audacity to tell me that "anyone can be charged with a crime whether he has even done or not but the paintiff will have to go to court to prove his innocence"....so same way he can be right or wrong still it is I who will have to prove that I am right..........
did you show your AP along with your passport? I came back on H1 visa even though my AP was approved. I did not show my AP to the IO at the POE.
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  #25 (permalink)  
Old 02-27-2008, 09:43 PM
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Originally Posted by sumavenkatappa View Post
This is certainly shocking. The officers at the POE harass u by even going off limits and not abiding by the law? Do they have such powers? If thats the case, its scary. U shud have told him that u wanted to talk to his supervisor. If he was at the highest level there, u should have insisted on talking to another immigration officer so that u can prove ur point. Anyway, those moves come with a risk. But man...what u've experienced is unbelievable. How can an Imm. officer take law in his own hands and act as per his wish. Now that u've used ur AP, can u change ur employers with still having the visa? Can u also extend H1 with AP? Even if u can, I think there r some hassles with that as I've read on certain forums. These guys r just cornering all the immigrants.
The CBP officer (just like the IRS agent) has sweeping powers. Yes, you can argue with him/her or their supervisor but, it is their interpretation of the law versus yours (in absence of a clear memo from the agency, which in this case is CBP) and they always win. They will then dig deeper and cite you on a violation (if one exists) which would have been overlooked if you had not argued with them. If you think your case is squeaky clean from the day you landed in the U.S then, pick a fight with the CBP officer...IMHO.

I was at the U.S/canadian border in NY coming into the U.S. I had a valid H1 extension valid for 1 more year, a valid stamp for atleast another month and the I-94 which BTW has been extended to the new date automatically by my new I-797. All the CBP lady has to do is check and let me in. Instead, she asked to pull aside to the Customs office to get a new white I-94 which would denote my new one year extension. I politely told her that was not necessary as my white I-94 and my I-94 on the 797 has the same number and has been extended by a year. She shook her head, asked to pull over and sent passport with my papers up the shute.

Long story short, I wait 45 minutes and another CBP officer calls my name and tells me that I dont require any new I-94 and my paperwork is just fine. I was ready to bang my head on his desk but, bit my tongue and walked away.
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Last edited by sunny1000; 02-27-2008 at 09:46 PM.
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  #26 (permalink)  
Old 02-27-2008, 11:15 PM
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Default But thats not the American way!!!!!

Quote:
Originally Posted by saketkapur View Post
Here is my experience..........
I flew into LAX on feb 24th. I had a valid visa stamp in my passport but the immigration officer still forced me to use my AP as according to him AP trumps any visa.....he said else he will have to refer me to a US immigration office within the next 10 days to explain my situation.
I talked to my lawyer yesterday and she told me he should not have asked for AP if the visa stamp was valid.............but I guess these guys really do not care and are going by whatever they want to do.....
When I tried to explain to him what my lawyer had told me the blighter had the audacity to tell me that "anyone can be charged with a crime whether he has even done or not but the paintiff will have to go to court to prove his innocence"....so same way he can be right or wrong still it is I who will have to prove that I am right..........
As per the American way you are innocent until proven guilty.....
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  #27 (permalink)  
Old 02-27-2008, 11:32 PM
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Default Just a guess !

Maybe we need to use AP to prove that we are not abandoning our AOS case.
AP was instituted for that purpose to begin with.

Just a guess !
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  #28 (permalink)  
Old 02-28-2008, 04:36 AM
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Default I used my H1 stamping instead of my AP yesterday!!

Dear all, this is very concerning. I used my H1 stamping to get thru immigration from a quick business trip from India/Germany - just assumed AP needs to be used in absence of a valid H1 stamp.

What needs to be done now? Can someone pl advise?
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  #29 (permalink)  
Old 02-28-2008, 04:56 AM
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Originally Posted by gc28262 View Post
Maybe we need to use AP to prove that we are not abandoning our AOS case.
AP was instituted for that purpose to begin with.

Just a guess !
As long as you have a valid dual-intent visa, you don't require AP at all.
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  #30 (permalink)  
Old 02-28-2008, 11:36 AM
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Default Should be OK..

"I used my H1 stamping instead of my AP yesterday!! "

--You should be fine,..it doesn't abondon 485 AOS..We can show either H1 visa on PP or AP to re-enter..unless POE officer ask us for AP.. but keep it away...

Last edited by webm; 02-28-2008 at 12:35 PM.
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