AP questions(manumahi,nkaveti,prasa,goober71 and others) Please help.

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001

Registered Users (C)
Hi,

I saw in the other threads that you guys have traveled to india on AP(dont know you have valid H1b visa and stamped). Please answer my questions. I already post these in other threads but i like to know more experiences.

My situation:My 485 is pending since 20 months and expecting 2nd FP anytime. I am planning to go to india on AP(have valid H1B visa but not stamped on passport). Please help me with the following.

1. Do i need EAD to come back to usa with AP.
2. Will there be any problems in coming back to USA on AP.
3. Shall i need to get my H1B visa stamped here or in india
to come back safely.
4. Do anyone know anyone who came across problems while entering USA.
5. Is it 100% safe traveling to india and coming back with AP.
6. Do i need to come back from india before 60 or 90 days?
7. What happens if my 485 is approved when iam in india? Will they allow me to enter USA?
8. What happens if there is an RFE?
9. Do i need to take a transit visa for if iam traveling thru airindia?


Please write me your experience with AP on traveling outside USA.

Gurus, please help me this is very important for me.

Thanks,



Thanks,
 
Here's what i can tell you.

1. Do i need EAD to come back to usa with AP.
>They don't look at it, but my lawyer suggested take it along.
2. Will there be any problems in coming back to USA on AP.
>No problems as long as AP is valid. Also take a couple of recent paystubs to prove employment.
3. Shall i need to get my H1B visa stamped here or in india
to come back safely.
>No, using AP is fine. My H1 was expired too.
4. Do anyone know anyone who came across problems while entering USA.
>Not that i can recall.
5. Is it 100% safe traveling to india and coming back with AP.
>Don't have any concrete numbers.
6. Do i need to come back from india before 60 or 90 days?
>My wife stayed there 2 1/2 months and returned using AP.
7. What happens if my 485 is approved when iam in india? Will they allow me to enter USA?
>Yes, enter using AP as usual.
8. What happens if there is an RFE?
>Come back and respond to it, i assume.
9. Do i need to take a transit visa for if iam traveling thru airindia?
>Don't know the answer to this one. I travelled Alitalia and did not need one.

Hope this helps.

Goober.
 
001,
I do not know if it is "100% safe" but the purpose of AP is to be able to use it for emergency travel. This document can be used in lieu of a visa to re-enter into the USA. Our I-485 is pending for the past 18 months and my wife had to travel twice (for emergent family reasons) during this period to India and she has had no problems at all at the POE (Chicago) when returning.

If you are traveling by AirIndia (or any other airline) and passing through UK (not sure about Paris, Amsterdam) you will require a transit visa if you
1. do not have a valid US visa stamp in your passport and/or
2. are traveling using AP

It is your choice whether you want to spend money for a new H1 visa stamp or for a transit visa.

H1 visa stamp can be done in the US (if it has expired within the past 12 months) or in India.

EAD is not connected to AP. EAD is to work, AP is to travel.

To be on the safe side, always carry immigration/work related documents, if available, when traveling: AP (all copies), I-485 receipt, EAD, Passport, H1/H4 approvals, employers letter, pay stubs, tax returns etc

Hope this helps.
 
1. Do i need EAD to come back to usa with AP.

Do not need, but safe to carry.

2. Will there be any problems in coming back to USA on AP.

No.

3. Shall i need to get my H1B visa stamped here or in india
to come back safely.

Are you working on H1 or EAD?

4. Do anyone know anyone who came across problems while entering USA.

As long as you were not in illegal status, I see no problem.

5. Is it 100% safe traveling to india and coming back with AP.

I assume you were asking about reentering US with AP (not safety IN travel), then Yes.

6. Do i need to come back from india before 60 or 90 days?

You can come any time before the expiry of AP.

7. What happens if my 485 is approved when iam in india? Will they allow me to enter USA?

Yes, they will and they will ask you to get the stamping done immediately.

8. What happens if there is an RFE?

Better to be in touch with your attorney, in case of an RFE.

9. Do i need to take a transit visa for if iam traveling thru airindia?

Depends on which country airport, you will be changing the flights.
 
1. Do i need EAD to come back to usa with AP.
> You do not need but will not hurt to carry it. More so if you have started working on a EAD and not your H1B
2. Will there be any problems in coming back to USA on AP.
> No
3. Shall i need to get my H1B visa stamped here or in india
to come back safely.
> If you have a H1B that can be renewed you really do not need a AP. You can come into the country on a H1B. But I heard lately people going for renewal stamping IN Chennai are having some problems and they are asking to many questions. So in other you do not need a stamp if you a AP.
4. Do anyone know anyone who came across problems while entering USA.
> No
5. Is it 100% safe traveling to india and coming back with AP.
> I do not see any problem. Unless you have things like the name in the Passport is spelled different than AP or the order of the names is different like that.
6. Do i need to come back from india before 60 or 90 days?
> Answered by goober
7. What happens if my 485 is approved when iam in india? Will they allow me to enter USA?
> Yes my wife's cousin had the approval it was sitting in there mail box for a few days hen they came in. So no problem.
8. What happens if there is an RFE?
> That can be a little tricky if you are going out for a long time. Anyway you will not get the RFE letter the Lawyer does. In the letter it will tell you by what time you need to respond. Give your lawyer you contact info like email address etc and also give a trusted friend here in US all the documents you are not carrying with you . Maybe the your friend can help sending info to the lawyer. Just a suggestion. I did that when I went out keep all my Documents and valuables in a friends place who could be contacted easily.
9. Do i need to take a transit visa for if iam traveling thru airindia?
> I am not aware of it as you are traveling on AP but if you have a visa stamped no.
 
Nobody can guarantee if it will be 100% safe; it all depends on your credentials, immigration history, etc.

If you have never had any H1 stamp on your passport, you CANNOT get the stamp in the US.
You have to go to another country like Canada or Mexico, or go back to your home country.
There is a risk of delay in getting the H1 stamp due to security check, etc. And be prepared for an interview.

If you have been subject to a 3-year or 10-year bar, you should NOT leave the country even if you have a valid AP. It is clearly explained in the CIS document:
http://uscis.gov/graphics/publicaffairs/newsrels/CISTravelAdvisory.pdf
 
Thank you every much all of you.

One more question i forgot to ask.

At the port of entry, by seeing your AP do they check any records in the system, if so how far and what kind of records can they check. Can they see my employment history etc?

Thanks in advance
 
001,
why are you so paranoid/worried about the process ??? Is there some complication in your case ??
 
Iam so afraid because iam out of job for couple of months in mid of last year.

Thanks
 
001,
dont worry. As long as you have all the docs in order, you will have a nice trip back... And they dont have access to your month-month work history...

goodluck
 
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