AP applciation

T

turumkan

Registered Users (C)
Hi All,

I applied for 485 in early november.
I also applied for EAD in early december..

Now, I am planning to apply for AP. I am planning to travel to India in Jan and I will be back in Feb. I have a valid H1 approval and my Visa is valid till june-2004.

The visa stamping that I have is from the previous employer that I worked for. I changed my job and applied for GC thro the new employer. The latest H1 approval that I have is from the new employer.

My question is :
1) Can I travel on the existing visa stamping from the previous emplyer
2) Can I apply for AP before my trip or is it better to wait till I come back..Is there any such rule that I could not travel outside the US when the AP application is pending..

Regards,
 
As far as I know you are not supposed to travel outside US when your EAD application is pending. But I am not 100% sure. I asked one lawyer and he said I can not travel when my EAD is pending, if I travel then when I enter US, EAD application will be cancelled. I am 100% positive that you can not go outside US when your AP application is pending. I had the same problem, went to local INS to cleat the confusion and they told me that I can not travel when AP is pending. Please ask your lawyer about the EAD and please post that information here.

pibo
 
No Travel while AOS (485) is Pending; Not just EAD.

My openion:

1) One should not travel while AOS (485) is pending. I131 ( Travel Document ) will temorarily remove that condition.

2) EAD does not have to with travel.

any corrections guys ?
 
You can travel while EAD is pending. There is no bar that. Even on AP. If you have previous valid AP or Valid H1 you can travel.

I am pretty sure about this.
 
here is my experience:

my visa is expired and was applying for new AP. I had to travel to India for some emergency. Applied for emergency AP document and they denied first time. then they told me that you can only make travel plans when AP is approved.
 
Both pending for me.

H1 Extension and AP both are pending for me.

H1 Ext Rd Sep 19
AP Dec 04


Attorney advised to wait until AP is approved. Expecting this week. What is the lastest approval of AP anyway ?
 
Hi satya27476,

Assuming Your RD for AP is Dec04, Is it your attorney who is expecting your parole's approval this week or it is your wishful thinking?

There are some of the AP cases pending with the ND of july'03 and lots of from Aug,Sept,Oct,Nov'03 not a word yet including myself,my ND is Oct'03.

does your attorney have any insider info? please share.

thanks,
----------------------------------------------
na patti na parole
 
I am a Day Dreamer ...

Wishful foolish expectation, in deed.

AP this week, EAD next week and I140 the following week.

Btw, I140 RD Jan 25 2003.EB2 LC Substituion.


Did you do take your case to their attention as the APs are pending for more than 60 days ?

Somebody said we can get the AP at the local INS, if we can prove the reason for travel ?
 
guys, I think as USCIS is processing every application very slowly, even AP, it is better to get some doctor's notes from India and apply for AP in local INS office. When they denied my first emergency AP application, local INS office told me that it takes 45 days (depends on the state). it is definitely better to waste one morning and apply in person in the local INS.

actually I am very much pissed off with attorneys and want to do everything in person.
 
satya, I am not sure if you can apply in local INS office if your AP application is already pending. Please go all prepared to the INS office and if they say that you can apply for AP again, submit it on that day only. but you need to show very valid reason. They denied twice for my emergency AP (on the same day) and then i wrote a letter to the director and submitted along with the AP application. I also gave the cell phone number in the letter. After 3 days, they called me from the INS office and told me to come in person and get the AP.

hope it helps!

Pibo
 
question to pibo

hi pibo,
I went to local boston's office to get an interim AP but it was denied. Now this time I need to go to India, as my grand father's health is very bad. My family doc can fax me the letter detailing the seriousness of the situation. What else the documents be needed other than this, to satisfy the folks at local office?

Thanks
 
propat, I am not really sure if they will listen that your grandfather is sick. But keep on trying. It is not called as interim AP, it is called emergency travel document/AP. I showed them that my father-in-law is having by-pass surgery, they looked at me and said "he is your father-in-law, not father" and denied! Then I wanted to speak to their supervisor, and they allowed me to do that. I told him the situation and he went and talked with the director of INS, came back and said "denied". Then I asked if I could talk to the director, they said" u can not talk with the director, but you can write a letter". So I wrote a letter there, and submitted with the application (I wrote my cell phone number too). They said that you will definitely get the notification. After 3 days, they called and told that AP is ready.

Please submit a letter from your father stating that your father is only son of your grandfather and you are only son of your father (they are not going to check that). Your father is old too. Your grand father is having some surgery (they like the word surgery) and you are the only person who can help them in this situation. Another thing that worked for me is "blood donation". Write that you need to give blood as blood is not very easily available in India. Also, show all the medical documents from India and if your doctor can mention a a surgery date within 15 days.

My suggestion is keep on trying, if they deny, what to do! Still it is quicker to get an AP from the local office than VT.

Pibo
 
to pibo

Hi Pibo,

Thanks for the info given by you. I am planning to go to local office some time in this comming week. I have few other questions which I would like to ask in person. Could you please email your mail id? My mail id is : propatpropat@yahoo.com.

Thanks and appreciate your help,
 
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