AP travel experience

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yajiv99

Registered Users (C)
This is for the guys like me who changed jobs in 485 stage fearing about travel outside US. I thought my experience will help others.

I am Dec 01 RD, changed jobs in 485 stage, my AP expiring on 2/13. I just came back from India yesterday without a problem at port of entry. Before I left in Jan., I was cautioned by my attorney and my employer against travel.
At port of entry in Los Angeles yesterday, I was asked only two questions "Who sponsored your parole?" and "What do you do?".
I got I-94 card with expiration date of 2/12/03 just 10 days from now. I guess it should not be a problem.
 
I also used AP twice in Dec 02' within two weeks from Los Angeles.

There actually has a line (not like San Francisco in a room) for I-20 and AP. Both time I made sure that custom put the correct information on all the documents (including stamps on I-94, my passport, as well as my AP) and I also made sure that he put the correct date.

First time (entered on Dec 1, 2002), that guy didn't know how to handle this AP thing, so, he asked a lot of stupid questions like what's your social security number, what's your address, what's your date of birth. He didn't know what he wanted, so he explain to me that he wanted to make sure I'm the person using my AP (hello? there is picture on the AP and my passport also has a picture :confused: ) He DID put down the wrong date but I corrected him.

Second time (entered on Dec 15, 2002), this custom knew exactly what he was doing, he only asked me who sponsor my I-485, stamps on my AP, I-94, and passport, make sure my AP is not expired, and finally he put the date (Dec 14, 2003) on my I-94, AP, and Passport exactly one year from the date I entered LAX, even though my AP will expire in Feb 2003. I just wanted to be sure, so I asked the guy why he didn't put the AP expiration date (Feb 2003) on my I-94, passport, and AP, why he put one year from the date I ENTER U.S.? He told me that it's the procedure for processing AP, and as long as I'm on I-485 and when I come back U.S. again with valid AP (AP date not expired) I don't need to worry about the I-94 expiration date.

In conclusion,

As long as you have an AP with passport both are not expired, and still in I-485, you will be o.k. to enter U.S. without given hard time. Make sure custom stamps on your I-94, AP, Passport, and when custom writes the date on I-94, AP, and your passport, make sure that it should be exactly one year from the date you enter U.S. Of course, you will always run the risk to go out of U.S. and not be allow to come back if you’ve ever illegally worked or illegally stay in the states.

Good luck!

Hog
 
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I recently entered the US on an AP through SF.

After showing my documents (AP + PASSPORT) at the INS officer sitting in his glass cube at the non-immigrants line, I was redirected to the secondary INS room where there was a handful of anxious folks sitting there ... twiddling their fingers and sitting on the edge of their seats. They had a little shelf there where we were requested to insert our documents and take a seat and wait for our turn to be called. In about 10 or 15 mins, I was called and the lady INS officer in-charge carefully browsed through my AP document, my passport, etc and issued me an I-94.

The expiration date on the I-94 was stamped as ONE DAY EARLIER than the expiration date of the Advance Parole document. In addition, she warned me that on the following day (after the I-94 expired), I would be OUT OF STATUS and that I should have to do something about it or else I would be staying on illegally. However, when I reconfirmed this with my attorney, who said that I had nothing to worry and since I was being processed for my 485, I would NOT be out of status.

The expiration date on the I-94 is being stamped for security reasons as in the past, if an individual entered the US on an AP, he would obtain an I-94 of an indefinite expiration date as they were unaware of what the expiration date should be.

Hope that helps?
 
Normally re-entry with AP does not have expiration date.
The entry stamp on I-94 is different from regular visa I-94 stamp.
It only mentions that "I-512 exp DD/MM/YY". But that does not
mean after that you are out of status.
 
I am travelling to india in feb and coming back on March 20th . My AP is valis Till 27 th march . I am hoping I won't be having any problem as per your exprience. Please suggest
 
you should not be having any problem till you have valid AP.
Good luck and have a nice and safe trip.
 
Keep couple of photocopies with you as airlines, immigration officer in India may need them.
 
Applying for H1B.

My H1 and AP are processed by 2 different attorneys.
AP attorney suggested that, I can go to india as long as i have a valid AP.
My H1 is expiring on 05/15/03. And my AP is expiring on July 26 '03

Attorney want to apply for H1B extension to be on the safe side, if my EAD is not approved in timeand suggesting not to travel when my H1 is pending.

Anyone has any experience with this kind of situation.

Can I travel to India while H1 pending and with a valide AP.

Thanks in advance.

Mahesh
 
As long your AP is valid, you can come back without any problem. That means you must come back before July 26. H1 extension and its pending status is irrelevent here. Take a photocpy of I-485 receipt with you.
If you comeback from India before 05/15 (before H1 expires), I advice you not to use your AP in port of entry. Take your AP with you, but do not show to INS officer - show only your passport and H1 document.
 
My experience

As I have returned just last week using AP, I should tell you not to use H1 if it's expiring soon. I had my H1 expiring on 10th and I used AP. Actually, at the Singapore airport, airline agent saw the H1 first and started saying "How can you go to US if ur H1 is expiring in a week?" I then showed her AP and explained.

Carry, your original AP and 485 receipt, keep a copy of AP in case airline agent asks for one. You need two AP papers while entering US.
 
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