AP related

[sr050603]

I am an Indian - came here on Company A's H1 - applied for green card through same company. (140 approved, 485 pending for over 6 months.)

My H1 (1st 3 yrs.) expired on 09/30/03.
Company A applied for renewal before expiry but not yet approved.
Left Company A on 10/17/03.

On 10/20/03 joined Company B on EAD. Company B wants me to travel to UK next week. I intend to travel using AP.

1. Considering the above scenario - is it safe and legal ?
2. What are the docs I need to carry apart from passport and UK visa.
3. I got 3 AP notices from INS- should I carry all?
4. Do the airport or immigration officials keep the original AP notice? If I need to travel again before my current AP expires, will I have to apply for AP again.
5. My passport has an expired I94 - what am I supposed to say as my legal status to INS and airport officials in US and UK.
6. Is the concept of AP known in UK. If not, what additional docs I need to carry.
7. I have not informed INS of my job change - lawyer advised to inform only if RFE raised. Would this cause a problem in entering US as I would need to tell them of my present employer if questioned.

Thanks-

 

[ginnu]

I am an Indian - came here on Company A's H1 - applied for green card through same company. (140 approved, 485 pending for over 6 months.)
---- You can use AC21 if you join any employer in Same/similar job
My H1 (1st 3 yrs.) expired on 09/30/03.
Company A applied for renewal before expiry but not yet approved.
Left Company A on 10/17/03.

On 10/20/03 joined Company B on EAD.
------- It would have been much better to join with H1 transfer premium processing
Company B wants me to travel to UK next week. I intend to travel using AP.

1. Considering the above scenario - is it safe and legal?
----- Yes it is legal, use the AP and be back to US before AP expires
2. What are the docs I need to carry apart from passport and UK visa.
---AP, copy of I-485 filing receipt and letter from current Employer at POE show ONLY what is asked
3. I got 3 AP notices from INS- should I carry all?
---------YES
4. Do the airport or immigration officials keep the original AP notice? If I need to travel again before my current AP expires, will I have to apply for AP again.
----- They will take you to secondary inspection and will check the BCIS computer system and will stamp the AP copy and will stamp the Passport and I-94 “Paroled till………) once you are back better apply AP immediately because these days BCIS takes longer time to process AP.
5. My passport has an expired I94 - what am I supposed to say as my legal status to INS and airport officials in US and UK.
---- Adjustment of status pending ( AOS) if they ask show the I-485 filing receipt, UK is just going to look at your UK Visa. Keep the copy of current expired I-94( front and back) at home in immigration file for your future records as the Original I-94 has to be surrendered when you leave US
6. Is the concept of AP known in UK. If not, what additional docs I need to carry.
----- I don’t know
Read:
http://timesofindia.indiatimes.com/cms.dll/html/uncomp/articleshow?msid=234881
7. I have not informed INS of my job change - lawyer advised to inform only if RFE raised. Would this cause a problem in entering US as I would need to tell them of my present employer if questioned.
----- I don’t think you will have problems. One is allowed to change employers with AC21. Better consult your lawyer again before leaving for UK and take a letter from him that he can write the particular section of law that permits your entry to US with AP based on pending I-485
You can take the Print out of BCIS Memo and keep it with you
BCIS MEMO:
http://www.immigration.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf