485 Receipt at POE

M

MrCoolz

Registered Users (C)
Hi all,

I just came across an article in an Attorney's website( I've included the link - just in case any of want the exact wording - its the 2nd point last sentence)

http://www.jackson-hertogs.com/jh/memos/8000.htm

It says that even if you have a valid H/L visa, if you have filed for 485, you should still present the 485 receipt at the POE(Port of Entry), even if you are travelling using a valid H/L visa. It goes one step further to also state that , failure to do so will result in the abandonment of AOS. Is this true???

Jeee.....I am shocked to read this - I havent done this - so I am all confused about it now.
Any ideas from gurus on this?

-MrCoolz
RD: 11/27/02
 
Last edited by a moderator:
I think you read it wrong. Please read it again this time carefully, all your worries will vanish.

Thanks
 
my experience

I traveled to Canada almost every week for 4 months after filing my 485. I had valid H1 and I did not use my EAD & AP at all. My lawyer advised to me to take 485 reciept(original) & AP with me all the time, even though I was using valid H1. My lawyer said, if POE officer finds out that I filed 485, I have to show my 485 reciept and AP to enter into USA.

Careful, if you start searching your certificates in front of POE officer, it is very easy for them to find out even just looking at the borders of 485 reciept. Same thing happened to my friend, he did not even said that he filed 485, but somehow officer just saw the 485 rcpt (my friend says just POE saw the border of the recpt ) from him when he was searching for some thing else and sent him for second level immigration. He entered into USA using his AP. I believe once POE officer finds out you filed 485, only the way to get in is AP( This is just my thought).

Not a legal advise.

waiting_4_485
 
thanks

Thanks 4_485 for your inputs - I did carry my 485 receipts with me - but the officer never asked for them and I didnt show them - but I got worried when the line said that if you fail to present it to them, then your AOS gets abandoned.

Thukralk - I read it again - it still worries me - which part of the second point, are you saying will cool me down? Can you be a little more specific?

Thanks
MrCoolz
 
If you have filed for 485 you can re-enter US using either of the
following (depending on your situation),
- If you have maintained valid H1/H4 status you can use H1/H4
and the 485 receipt notice. There is absolutey no need to use
AP to re-enter. It does not hurt at all to show the 485 receipt
notice in this case. There is no benefit in not showing it other
than inviting suspicion.
- If however you have used EAD to work or did no longer maintain
valid H1/H4 status then you must use AP to re-enter
 
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