AC21 case: Travel to India on Advance Parole

S

satkic

Registered Users (C)
Guys,
Is it ok to travel on Advance Parole while you no longer work for the GC-sponsored company? I am eligible for AC21 but haven't notified the USCIS yet. Will there be any problem at the port of entry when you reenter? Anyone have similar experience?

I am also thinking about just sending my wife and kid to avoid this confusion. My wife also has AP and her H4 extension still pending at VSC? (Though I got my H1 extension 2 months ago. Stupid VSC!) Our H1/H4 visas on the passport have expired. Will she have any issues at the POE? I am concerned because it takes for ever to setup and get an appointment for H4 visa in case if she is refused reentry?

Please help!
satkic
 
satkic said:
Guys,
Is it ok to travel on Advance Parole while you no longer work for the GC-sponsored company? I am eligible for AC21 but haven't notified the USCIS yet. Will there be any problem at the port of entry when you reenter? Anyone have similar experience?

I am also thinking about just sending my wife and kid to avoid this confusion. My wife also has AP and her H4 extension still pending at VSC? (Though I got my H1 extension 2 months ago. Stupid VSC!) Our H1/H4 visas on the passport have expired. Will she have any issues at the POE? I am concerned because it takes for ever to setup and get an appointment for H4 visa in case if she is refused reentry?

Please help!
satkic
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Travel should not be a problem as long you are sure your previous employer will not mess with I140 (like revoking it).

The only problem I see here is that your wife's H4 extension is deemed abandoned as soon as she leaves country. Unless she decides to get a visa and reenter on H4, she will be on Parolee/AOS status.

If the H4 extension is approved after she leaves, it has no meaning. Even if she returns on AP and then H4 is approved, it still will be considered invalid.

By the way, to get H1/H4 abroad, you can go to any consulate (Canada, Mexico, Delhi, Bombay). Only Madras has crazy waiting times.
 
GreenCardVirus,
Thanks for the response. Will she be able to maintain H4 status if travel occurs after the H4 is approved?
 
You might want to seek better advise on this one. As for H1, a person enterning on AP can still work based on H1 and seek H1 extensions. This is very clear.

But for H4, if my understanding is correct, she will still loose H4 if she enters on AP.

H1 is used to define both your "Legal Status" and acts as a "Work Permit". Where as for H4, it just defines your "legal status" and kicks in only after an "Entry" into US.

One has to go to a particular consulate for Visa only the first time. After one gets visa, for subsequent visa, one can go to any consulate abroad.
 
GreenCardVirus:

My 485 (through my spouse GC) is pending since Dec 2004 and we have EAD and AP. I am working on EAD and I do not have valid H1 or H4.

I am planning to visit india and I would like to use AP, is there any problem at the Port Of Entry??? (Because I do not have a valid H1 or H4)

Could you please clarify on this.
 
baby_mde said:
GreenCardVirus:

My 485 (through my spouse GC) is pending since Dec 2004 and we have EAD and AP. I am working on EAD and I do not have valid H1 or H4.

I am planning to visit india and I would like to use AP, is there any problem at the Port Of Entry??? (Because I do not have a valid H1 or H4)

Could you please clarify on this.
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No problem. Make sure you have a passport with a visa (H) that was given to you first time. In my case my expired visa was in an expired passport. So they asked me to show that.
 
I am tired of paying money to immigration system, after almost 10 grand for GC still counting for EAD, AP. I recently took canadian VISA with a planning of H1 stamping, because my I-140 was pending with an RFE that time. Now 140 approved I decided to travel on AP and start using EAD as soon as I come back.

Now I am traveling to INDIA via Paris on Air India coming 25th May (No need to get out of the flight). Do I still need transit visa. here are my doubts
1. Air India customer service says, I do not need transit visa
2. France website, if you do not have valid US or CANADA visa you need a transit VISA. (In my case do they consider my CANADA tourist visa a valid visa instead of trasit VISA)

Any help is appreciated.
 
StillAlive said:
Now I am traveling to INDIA via Paris on Air India coming 25th May (No need to get out of the flight). Do I still need transit visa. here are my doubts
1. Air India customer service says, I do not need transit visa
2. France website, if you do not have valid US or CANADA visa you need a transit VISA. (In my case do they consider my CANADA tourist visa a valid visa instead of trasit VISA)
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AP is considered as valid US visa for the sake of transit, no problems there.
 
GreenCardVirus said:
AP is considered as valid US visa for the sake of transit, no problems there.
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GreenCardVirus,

Are you sure on this
I read some where that if a valid Visa is not stamped in the passport then one requires Transit visa for those countries enforces the transit visa rule.
I will try to find out where I read that but can some one confirm this.

And my travel agent told me that Paris doesn't require transit visa at all, also can some body confirms this.

Thanks,
VG
 
pacha_card said:
GreenCardVirus,

Are you sure on this
I read some where that if a valid Visa is not stamped in the passport then one requires Transit visa for those countries enforces the transit visa rule.
I will try to find out where I read that but can some one confirm this.

And my travel agent told me that Paris doesn't require transit visa at all, also can some body confirms this.

Thanks,
VG
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What I think is that most people are paranoid. Unless you are stopping at place for a a day or two, one does not need a transit visa.

As long as you dont try to pass thru immigration/customs, they should not ask for transit visa.

Btw, I travelled thru Paris on AP about 12 months back (Air India). You can get off the Air Plane and roam around in the Airport.
 
Thanks pacha_card and GreenCardVirus for your views.

I have 3 more days to browse for awnsers, then I will take risk and leave, let me see what they do as I always sit inside the flight.

May be jamming the seat belt will help :D

Anybody travelled to India(Bangalore) via paris in last 2 months. I heard that from Feb2006 london has introduced new transit policy. I don't know about France.

Which way is likey problem going from US or coming from US?
 
No transit visa for paris...but transit visa required for London

Britain needs transit visa....another scheme to make money as most of the transit passenger hardly go anywhere else than bathroom :) . France does not need transit visa. So go via France. My wife and daughter also does not have H4 visa and are travelling on Advance parole, So I booked on Kuwait which is direct to Kuwait on couple of days a week and then to Mumbai.

Guys...UK should not have a visa for Indian citizens at all....Afterall they ruled us for 150 years and at one point of time India was part of British empire ...so logically speaking we are equivalent to British citizens :D
 
mmdongare said:
Guys...UK should not have a visa for Indian citizens at all....Afterall they ruled us for 150 years and at one point of time India was part of British empire ...so logically speaking we are equivalent to British citizens :D
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You shouldn't have been in such a rush to become independent, I guess. :D
 
TheRealCanadian said:
You shouldn't have been in such a rush to become independent, I guess. :D
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Britain had no moral standing after Germany gave them the scare of their own poison in WW2. Weakened, Britain had no option but to leave early.

By the way who says we are independent? There is only change of guard. Now it is Italian oppression. Because of WW2, we had it too easy and did not learn our lessons properly.
 
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UK doesn't need transit visa either (atleast till Nov 2005). My spouse came from India via London and didn't had to get UK transit visa. Valid US visa is enough.

mmdongare said:
Britain needs transit visa....another scheme to make money as most of the transit passenger hardly go anywhere else than bathroom :) . France does not need transit visa. So go via France. My wife and daughter also does not have H4 visa and are travelling on Advance parole, So I booked on Kuwait which is direct to Kuwait on couple of days a week and then to Mumbai.

Guys...UK should not have a visa for Indian citizens at all....Afterall they ruled us for 150 years and at one point of time India was part of British empire ...so logically speaking we are equivalent to British citizens :D
Click to expand...
 
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