AOS pending - questions about travelling to Mexico on a cruise

S

sarmad

Registered Users (C)
planning to travel on a cruise to mexico in late november. i'm currently in "AOS pending" status. have an I-94 from my last entry on AP with a stamp "paroled until 12/30/2004". am planning to re-enter on AP.

also have an H1-B approval valid till 10/2006 but do not have an H1-B stamp in my passport. still working for my H1-B employer (who also filed my I-485), so not technically using EAD. my current EAD card is expired and have my 3rd EAD application pending.

i've forwarded these questions to my company lawyer and will post when i hear back. but just wanted to see if anyone here had any comments.

- this cruise is 9 days. am i supposed to surrender my I-94 card on departure? i seem to remember that you don't have to do that if you're travelling to mexico/canada for <30 days.

- currently, US-VISIT only applies to non-immigrants with visas and people from visa-waiver countries. since i've an AP (not a visa), i don't think i need to go thru US-VISIT, right?

- assuming i do not get my new EAD card before the cruise, i'll be re-entering on AP but will not have a valid EAD. since i'm still working for the original employer (who sponsored my H1-B and I-485), i don't need to have a valid EAD to work. anyone encountered any issues on that?

- are there any other issues i shud be aware of when travelling on AP to mexico?

thanks,

sarmad
 
- this cruise is 9 days. am i supposed to surrender my I-94 card on departure? i seem to remember that you don't have to do that if you're travelling to mexico/canada for <30 days.
Click to expand...
Well, I went to Mexico in 2000, 10 days. They did not take my I-94, they never even looked at the passport. It was enough to show the driver's license. Still, my take on it is this - if you go out, give them I-94 because you'll have to get another one when you come back. You don't want to have to explain how come you're coming in with no record of getting out.

- currently, US-VISIT only applies to non-immigrants with visas and people from visa-waiver countries. since i've an AP (not a visa), i don't think i need to go thru US-VISIT, right?
Click to expand...
False. I tried, I asked - you need go through US-VISIT. Technically, you're still an H1 person, that's what I was told. Yep, fingerprints for you. Same thing about waiting in citizens/residents line.

- assuming i do not get my new EAD card before the cruise, i'll be re-entering on AP but will not have a valid EAD. since i'm still working for the original employer (who sponsored my H1-B and I-485), i don't need to have a valid EAD to work. anyone encountered any issues on that?
Click to expand...
No problems whatsoever here. Just bring your AP. They rarely bother to ask about working. However, in case they what you do here, you need to be able to provide evidence that you are allowed to work, and since you're working on H1, just bring the papers with you.

- are there any other issues i shud be aware of when travelling on AP to mexico?
Click to expand...
Yes, get the Mexican visa.

And hey - travel on AP is not a big deal. Don't worry.
 
thanks ruxrux. going to mexico in 2000 was probably a very different experience than going now with all the security checks. your advice about I-94 makes sense. i'll probably surrender mine on departure.

as for US-VISIT, that's surprising. when was the last time you left the US and had to go through it?

i know last time i entered on AP in Dec, 2003, i was not fingerprinted or even asked to go to secondary inspection. but US-VISIT wasn't fully-functional back then. i guess it doesn't hurt to swing by the US-VISIT kiosk on my way out and see what the immigration officer there has to say. i do know that i could not use the USC/LPR line last time with AP, which sorta makes sense.

thanks again for the help. i'll keep everyone posted.

sarmad :)
 
June 2004. Asked at US-VISIT and they asked if I had a GC. I said no, AP. They said I needed to do the FP+photo thing.
 
sarmad or gurus

I want to do the same cruise as yours. I checked with my attoney, and according to him, I can go cruise and come back with valid H1 or AP. But later, I will work on my ead instead H1 which expired in Nov 2006. I think this is something confused me the most bcoz if I am still working with same company, my understanding is I could come back continue work on my H1 status(no stamp on passport) along with my AP. Please let me know what you think.

Also, I don't think you need to apply visa to mexico when go with cruise ship. Please verify this with your cruise agent.

Sarmad, please update us your experience after you done your cruise.

Thanks in advance.
 
heard back from lawyer

okay, just heard back from the company lawyer and here're her answers:

- whether or not you surrender your I-94 depends on the carrier. if they ask for it, then surrender it. more importantly though, if you do NOT surrender it, make sure to tell the Immigration Officer (IO) on re-entry that you did not surrender it. you should not fill out a new I-94 card. the IO will NOT stamp your old I-94 card but will stamp your passport with the entry date.

- here's how US-VISIT stuff is supposed to work:
Exit procedures
~ if currently in AOS pending status - no need to do exit procedures
~ if currently in H1-B status (and will be re-entering on AP) - need to do exit procedures

Entry procedures
~ AP holders need NOT go through entry procedures

having said that, she mentioned that US-VISIT procedures have not been consistent. if you're in AOS pending status and were forced to go through US-VISIT exit procedures, then you MUST insist on re-entry to go thru US-VISIT. otherwise, they'll have a departure record for you but no entry record, which may cause problems.

- no issues re-entering on expired EAD card as long as i also carry the H1-B approval notice.

hope that helps. thanks,

sarmad :)
 
GAROL, even when you re-enter on AP, you can continue working for your H1-B employer without a valid EAD. this is a special case of the law. once you start working on your EAD (that is, update the I-9 with your employer with your EAD info rather than your H1-B info), you must have a valid EAD at all times to be able to work. do a search of these forums bcos this issue has been discussed in detail before.

also, you do need to apply for a visa to mexico. they will not let you board if you do not have a valid mexican visa. saying that you will not disembark at the mexican ports of call is not good enough.

also, keep in mind, that for certain countries, they have to send your application to mexico for authorization and it cud take 3-5 weeks. the mexican consulate in LA actually asked me to submit a local police clearance letter as well, which takes 5-7 days. so apply for the mexican visa as early as you can.

sarmad :)
 
Thanks for your detailed reply

Sarmad, thanks so much for your detailed reply. Looks the visa to mexico is sound complicated. I will call cruise agent to confirm this bcoz when someone work on cruise, all he/she need is C1D visa. No visa needed for each countries when he/she go ashore. I was assume this will be handled by cruise agent when I book the cruise.

Keep me updated with your experience. Thanks.

sarmad said:
GAROL, even when you re-enter on AP, you can continue working for your H1-B employer without a valid EAD. this is a special case of the law. once you start working on your EAD (that is, update the I-9 with your employer with your EAD info rather than your H1-B info), you must have a valid EAD at all times to be able to work. do a search of these forums bcos this issue has been discussed in detail before.

also, you do need to apply for a visa to mexico. they will not let you board if you do not have a valid mexican visa. saying that you will not disembark at the mexican ports of call is not good enough.

also, keep in mind, that for certain countries, they have to send your application to mexico for authorization and it cud take 3-5 weeks. the mexican consulate in LA actually asked me to submit a local police clearance letter as well, which takes 5-7 days. so apply for the mexican visa as early as you can.

sarmad :)
Click to expand...
 
i called my cruise line as well as the mexican consulate and they both said i need to apply for a visa. so i did... :)
 
I came back to the US Jan 04 on my AP and didn't have to go through US-VISIT - I am surprised to hear that there are inconsistencies wrt to this at our many ports of entry...

Anyhew...enjoy your cruise....don't eat the worm :)
 
i think the inconsistencies are during exit thru US-VISIT rather than on entry. i'll update everyone with my experiences when i return.
 
Appreciate your thoughts :

I'm planning on a trip to India. I've filed I-140/I-485 concurrently and I've valid EAD/AP (valid till July, 2005) documents. My H1-B visa stamp has already expired on my passport, but I have valid H1-B approval notice, which is valid till sep, 2005.

My layer says that my manner of entry controls my status in US. If I enter
US using AP ( my passport will not have a valid visa stamp since I'm not going to revalidate my visa at US consulates in India), then that invalidates my H1 status, so I have to use EAD for my work. Is it true ?

My layer warns me using EAD as it might cause trouble to my status if my
I-140/I-485 petitions get jeopardised for some reason. She advices me to
postpone my trip until I get my I-140 approved, but I'm not sure when
I'm going to get it.

-gc369
 
I don't believe your H-1 is invalidated by virtue of using your AP to re-enter the country. Your H-1 is typically invalidated by virtue of using your EAD for employment.

I personally don't think you will have any issues wrt travelling to India. Re-entry using an AP document is a stress-free experience for the most part.

I recommend your take your trip. (keep in mind that these are my personal views and that I am NOT a lawyer by any means).
 
wong is 100% right. I was in that situation for almost 3 years - working on H1, coming in on AP. The deciding factor is actually your use of EAD for employment, and it has always been a good strategy to remain on H1 as long as possible.
 
You must log in or register to reply here.
Top