AC21 case, Re-entering using AP

F

feb27

Registered Users (C)
Friends, Any input is welcome....

I joined with a new employer after 180 days from the receipt date of my I-485 and I am with this new employer for the past one year. Didn't inform INS about job change based on attorney's advice.


I am going to vist my home country during Nov - Dec 2003. I have a valid visa stamped in my passport and it expires on Oct 2004...but it is from the previous company. I am planning to use AP to re-enter into US as I am working on EAD.

These are all the documents I am taking with me.
1.I-485 receipt notice
2. EAD
3. AP
4. Employment letter & paystubs from the new employer.

My questions are...

1. Is it safe to re-enter on AP for a AC21 case?

2. At POE, If they ask me about my sponsoring company...what should I tell them? (can I say my previous company name)

3. At POE, if they ask whether I am still with the same employer(sponsoring employer)...what should I tell them?.

I appreciate your reply.


- feb27

RD - Feb 27, 2002
ND - Mar 23, 2002
FP1 - Jun 01, 2002

EAD Renewal May 2003
AP Renewal Aug 2003
 
Telling the truth is better

that way you would not have the anxiety of making a false statement (if they catch you making a false statement youd be in more trouble). BCIS recomends notification of use of AC21 but does not require it. So you should be OK telling them the truth.

It should be ok to re-enter on AP. Take your H1 aprovals just in case.

I had not notified BCIS of my job change but recently when I had gone for AP I told them that I was not with the sponsoring employer ( I didn't use the AP) and got aproved.

But as in all cases best to check with the lawyer. Hope this helps.:)
 
You could use your old visa for reentry.

Confirm with others, but as per my understanding, the old company's H1 visa, if already stamped in passport should be valid, even though currently you are not with that company.
 
Re: You could use your old visa for reentry.

Originally posted by OmGV
Confirm with others, but as per my understanding, the old company's H1 visa, if already stamped in passport should be valid, even though currently you are not with that company.
Click to expand...

You can use old visa, only if have new H1b. But since you are using EAD you can't used that visa to reenter., you have to use AP.
 
Guys, thanks for your feedback.

BTW, Is there any one who has used AP to re-enter while on AC21? Please share your experience.
 
There is no such thing as using AP while on AC21. You are an adjustee applicant and AP allows you to return after traveling abroad. As long as your (non frivolous) adjustment application is pending (regardless of whether it employment based, family based or asylum or refugee based) and you don't have any criminal cases against you, you have the right to return after a visit abroad by just presenting your advance parole document. You are being paranoid for no reason. At POE you will rarely be asked about your employer and the officer is not going to waste his time or yours delving into your employment history.
 
Re: Re: You could use your old visa for reentry.

Originally posted by Edison
You can use old visa, only if have new H1b. But since you are using EAD you can't used that visa to reenter., you have to use AP.
Click to expand...

If he has vaild H1B Can't he enter on H1B again?
 
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