AP and 485 receipt sufficient for re-entry?

[extra_dry_gin]

Friends,

I know this question might have been asked many times before, just wanted to be 100 times sure. Is it just enough to carry the 485 receipt along with the AP approval notice. Or, has the immigration officer ever asked anybody for more documents.

Thanks,

extra_dry_gin

 

[codex]

My wife just came yesterday from India. Her visa had expirted and she used her AP. Only AP is required. You may carry your I-485 receipt.

 

[justchecking]

Originally posted by codex
My wife just came yesterday from India. Her visa had expirted and she used her AP. Only AP is required. You may carry your I-485 receipt.

Codex,

I thought they see your passport even at the port of
embarkation to see if you have a valid US visa, so are
these airline employes smart enough to understand
AP.

Second question, what line you take at the port
of entry is it general non-immigrant visa line or GC line.

Thanks.
JC.

 

[140_takes_4ever]

I thought they see your passport even at the port of
embarkation to see if you have a valid US visa, so are
these airline employes smart enough to understand
AP.

It is definitely harder to explain AP as compared to H1. But take a letter from your lawyer explaining the issue. Go early and be prepared to explain rudimentry INS procedures to morons. And most important dont loose your temper. On the other hand, once you get through this stage, entry into the US is easy!

Second question, what line you take at the port
of entry is it general non-immigrant visa line or GC line.

Question is self explanatory! Until your AOS is approved you are not a legal immigrant, so unfortunately you have to stand in the non-immigrant line!

 

[BitterMan]

Originally posted by 140_takes_4ever
Second question, what line you take at the port
of entry is it general non-immigrant visa line or GC line.

Question is self explanatory! Until your AOS is approved you are not a legal immigrant, so unfortunately you have to stand in the non-immigrant line!

That is true. Also, some airports have a special "Advance Parole" line, which is usually much smaller than the regular "non-immigrant" lines. I know that LAX has it (although I have found that out only after standing in the common line for 30 minutes or so; just my luck, I guess ).

 

[offdep]

Which Airline & airport

Hi Codex,

I wanted the following information if you dont mind sharing it.
I wanted to know which airline & which city in india did your wife fly out from. I cancelled my wife's india trip because she her H4 visa on passport is expired. My wife does have a valid AP & EAD but we werent sure about how the immigration officials in india & germany/UK would react to expired H4 & valid AP.

It would really help if you provide more information about wife's trip.

I did travel to india earlier this year but at that time my H1 visa was not expired so i did not show the AP in india but just showed the AP while entering US.

Also at SFO if you enter with a AP then you need to stand in the line for US citizens/GreenCard holders.

 

[Pa_ji]

As per my Lawyer:

There are two ways to travel while your I-485 is pending. You can travel using your Advance Parole or you can travel with a valid H-1B visa and I-485 fee receipt notice.

If you travel using your Advance Parole, this document must be issued prior to your departure from the U.S. and it must be presented at the port of entry along with your passport. As an EAD is a work authorization document, you would not need a valid EAD to travel. Please do keep in mind that if you and/or your wife have started employment using your EAD, then you MUST use your valid Advance Parole document to travel.

If you and/or your wife have not used your EAD for employment purposes, then you may also travel pursuant to your H-1B status if you have the following upon entry to the U.S.: (1) a valid H-1B visa stamp in your passport (2) an original H-1B approval notice and (3) an original AOS receipt notice. In addition, you must also intend to continue to work for the same H employer upon your entry to the U.S. If your dependents are traveling, please note that in addition to the three items, they must also have a copy of your H visa petition approval notice as well as any INS H-4 approval notices they received. Furthermore, if they plan to use the H-4 classifications, you must remain on H-1B classification. If you use an advance parole, they cannot use the derivative nonimmigrant visa classifications and must use advance paroles.

 

[justchecking]

Originally posted by Pa_ji
As per my Lawyer:

There are two ways to travel while your I-485 is pending. You can travel using your Advance Parole or you can travel with a valid H-1B visa and I-485 fee receipt notice.

If you travel using your Advance Parole, this document must be issued prior to your departure from the U.S. and it must be presented at the port of entry along with your passport. As an EAD is a work authorization document, you would not need a valid EAD to travel. Please do keep in mind that if you and/or your wife have started employment using your EAD, then you MUST use your valid Advance Parole document to travel.

If you and/or your wife have not used your EAD for employment purposes, then you may also travel pursuant to your H-1B status if you have the following upon entry to the U.S.: (1) a valid H-1B visa stamp in your passport (2) an original H-1B approval notice and (3) an original AOS receipt notice. In addition, you must also intend to continue to work for the same H employer upon your entry to the U.S. If your dependents are traveling, please note that in addition to the three items, they must also have a copy of your H visa petition approval notice as well as any INS H-4 approval notices they received. Furthermore, if they plan to use the H-4 classifications, you must remain on H-1B classification. If you use an advance parole, they cannot use the derivative nonimmigrant visa classifications and must use advance paroles.

How does it answer what he asked. This BS you can find
at the web sites of the Immigration law firms.
-JC.