Back from India trip! Used AP + AC21!

S

suchiraj5

Registered Users (C)
Hi Everyone,

I used my AP yesterday. Came in via Cathay Pacific. Documents that mattered:
1. AP (Expires Jan 10th, 2004)
2. EVL
3. Copy of AC21 letter from the lawyer.

I was sent to secondary immigration. Waited
about 5 mins before my name was called.
The immigration official was stern but polite.
I was not asked for my EAD card. I was
though asked who is my sponsor, so I took
my original employers name. Then added
that I had changed jobs using AC21 and
showed her the letter. They seemed pretty
clear about the AC21 rules, or maybe I just
chanced upon an official who knew the rules
better.

The AP is stamped for until Dec 13th 2004.
This only means that I can be in the US as
a parolee till Dec 13th 2004. If I travel outside
US I still need a valid AP.

Let me know if you guys need any other
information. I shall be adding a couple of
other tidbits about some other people who
were waiting in the secondary immigration.

But the impression that I got out of the
secondary immigration is that, the immigration
officials are not out there to get you but
just to ensure that you are entering the
country on the right grounds. As long as you
stay calm and answer whats asked it should
be ok.

Please do remind me to add the tidbits later
in case I forget, have a meeting to attend to
with my jetlag:(.

Thanks,
Raj.
 
Where did u travel to

Hi Where did u travel to.....I mean in India.

Good No probls....

me plan to travel too with AP...a bit scared.........

NO AC21.. still with the same Co.

ND 04 02 02
 
suchiraj5, What if you havent

notified BCIS on your job change? Would that create a problem at Port of entry?
 
What if?

What if you havent reported your job change to BCIS? My lawyer has recommended to keep mum till i get RFE.
Do you really need to show AC21 papers if you use AP?
Thanks for your response.
 
Does anyone know what info. the immi. officer has at the port of entry. In other words does he has access to BCIS database. Technically speaking one can change jobs after 6 months according to the law and no need to notify BCIS unless there is a RFE. So immi. officer would no way to know, to which company the person is working for.
 
Hey Suchiraj,

Thanks for posting this. I am also planning to travel, since I have not been to India since 2 yrs. But my case is diffferent. I entered USA on B2 visas and got married. My husband had a pending 485 then. But now he is approved and I am on AOS.

The fact that I have not gone out of country from 2 yrs is that I am scared that I was on visitor visa and filed for my AOS. Would that be a problem at POE? To add to this, I have travelled to USA twice on B1/B2 and was never out of status.

Please let me know if you have some knowledge.

Regards
 
I went on a vacation to mexico last month. I have changed job since filing I-485 but have not filed AC21. Want to keep mum for now. I used AP to enter. The INS did not ask me one single question. I gave them my AP. They saw my AP, stamped it, gave me a new I-94 and yo I was in :-))
 
Just listen to whatever your lawyer tells you.

* My lawyer advised me to file AC21 the day I got my new job. Its totally advisable. Otherwise if they send an RFE you'll have to do it anyways.

* By the way. AC21 means that I HAVE informed BCIS about job change.

* I think one shouldnt mess around with the system. Dont give too much information, but if the information is asked for as a process and if the information is expected as part of the process then provide it by being proactive. But yes, ask your lawyer first. If they advise you in a particular way then you might as well take their advice. I just did what my lawyer asked me to.

Yes, I showed my AC21 to the immigration official, and the EVL too.

The other incidences I was talking about was:
* One couple had gotten the wrong visa from the consulate for the wife. The immigration official was really very polite (more than mine) to the couple and gave her some temporary visa or something like that, I didnt ask them or get a chance to ask them. But what struck me was that the immigration officials seem to be more ready to expedite your case in a positive manner. I guess unless until one really screws up they may not be able to justify deportation procedures. So my only advice is make sure you are following all procedures. Take the relevant documents and some extra documents in case you think they are needed.

* The other case was this couple has filed the AOS and not applied for AP. Were travelling on their H1/H4 visas (respectively). I believe the husband came back a week earlier and had no problems, but the immigration official sent her to the secondary immigration since they had filed for AOS but not for AP. She tried explaining that her H4 was still valid and was travelling on the H4, but I dont think the immigration official was too sure, so sent her to secondary. I am supposing that she was also able to come out without any issues (since I was ahead of her). Her initials are JC, so if she or her hubby sees this post could you send in your experience please?

By the way, I took a conscious decision not to respond to my RFE before the India trip. I am going to respond to it now :).

Its ok to be nervous, I think its healthy becaus eit makes us go through our documents and procedures in greater detail. I was anxious too but im glad it all worked out finally.

Hope this helps.
Raj.
 
I am visiting India (Delhi) this winters on AP. Changed job but havent filed AC21 yet. here's a piece of advise:
Keep in mind never say you were laid off from your sponsoring company. Tell them you shifted jobs as that is allowed legally and the processing has taken years. Present them with new EVL and paystubs only if demanded.
I have plenty of friends who have been in using AP (and who were laid off), never had problems..

cheers :)
 
hi Suchiraj

Were you asked to show the AC21 letter or did you volunteer to do so??

thanks,
sw28
 
I volunteered the AC21 document.

since she asked me who filed the AOS on my behalf. Since I had changed jobs I told her that my previous employer filed AOS but I had changed jobs and here is the AC21.

And yes, didnt tell them why I changed jobs. No questions asked regarding that.

Thanks,
Raj.
 
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