Do I have to inform INS now?

F

feb27

Registered Users (C)
I have used AC21 to join with a new employer after 180 days of filing my I-485 and didn't inform INS based on attorney's advice. As I am visiting my home country during Nov, I had a discussion with my attorney regarding my trip. He says that it will be better to send a letter to INS about my job change before I make my travel and he demands $1000/- for the same. I am not clear on certain issues . Please share your thoughts.

1. Is it necessary to inform INS about my job change at this stage?(I changed my employer a year back) If I do not inform, will it have any impact on my re-entry?

2. I have a H-1B visa stamped on my passport (valid till Oct 2004), but it was from my previous employer. I am not planning to get a transit visa(Flying via Frankfurt). When I am coming back, during check-in should I have to inform the airlines people that I am traveling on AP (OR) just show my visa which I got it thru my previous employer?

Anyway I will be using my AP at Port of Entry to re-enter as I am working on EAD.

I would appreciate any helpful feedback from you. Thanks in Advance
 
Different lawyers will give you different advice.
Attorney Murthy (on her web site) advises that you inform INS when you are using AC21 - you can read her reasoning in one of the recent chat transcripts.
Web site: www.murthy.com

As for $1000 just for preparing a letter to INS, well, I think that's outrageous.
 
A lot of people in this forum have not notified BCIS about their AC21 and still got their cases approved. Don't even consider paying $1000.00 to your attorney. If at all you want to go for it, you can do it yourself. Looks like your attorney is out there to grab your money.
 
I am not going to pay him any money. But my question is if I don't inform at this stage will it be a problem for my travel?
 
Originally posted by feb27
I am not going to pay him any money. But my question is if I don't inform at this stage will it be a problem for my travel?
Click to expand...

I don't see how using AP will effect your application, just because you didn't inform BCIS about your job change.
 
I dont' see any problem in the travel, even if you don't inform INS the GC processing is meant to be for a future job. So technically you can start working for your GC processing employer immediately after getting your green card.

AC-21 comes into picture if you want the GC process to transfer to your new employer, then your intention becomes to work for this employer after getting the green card.
 
Thanks for your feedback. Can anyone give some info on the following issue?

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I have a H-1B visa stamped on my passport (valid till Oct 2004), but it was from my previous employer. I am not planning to get a transit visa (Flying via Frankfurt). When I am coming back, during check-in should I have to inform the airlines people that I am traveling on AP (OR) just show my visa which I got it thru my previous employer?
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Anyway I will be using my AP at Port of Entry to re-enter as I am working on EAD.
 
Feb27,

When you are working on EAD, then you should forget about H1B and start using the AP .

So if you need to get transait visa for using the AP, go & get it.

Hope this helps !
 
feb27,

IMHO, you can very well use your AP to re-enter. Dont volunteer any information. Do have enough photocopies of AP and EAD with you.

I suggest you take an employment letter from your current employer with you. In case Immigration officer questions about your employer, you can show the letter.
 
My assumption is that if you show them H1 visa from the old employer and by chance or bad luck if INS comes to know about it then there could be trouble. I think it is better to use AP instead.

Just my thought
 
feb27,

H1B becomes void once you start using EAD.

For all you know, maybe you will be approved by the time you travel in November. Dont pay your attorney.

Enjoy your trip :)
 
Guys, I am going to use AP only to re-enter US. My question is, while boarding the flight, do I have to tell the airlines people that I am traveling on AP (OR) just showing my visa is enough?
 
Feb 27

I have never been asked to show my visa status or re-entry status when boarding a flight - ever.

The only time they want to know what kind of visa\entry you have is when you are checking in at the destination on your way back. That has been the only time I have been asked what kind of document I am travelling on.

Upon one's return to the US - when one gets to the US customs - the custom officer asks for the visa (i normally just hand the AP in with the passport + I94 form) - they send you to the customs\immigration room.
You hand in your passport + AP and they will ask you to take a sit.

I do not know what they check exactly (I would say the validity of the AP and your case - to ensure it is still current and in the process)

They then call out your name, make a copy of the AP forms & passport, stamp your AP & I94 and let you through.

Hope this helps.

My suggestion would be that if you can travel on the current employers AP - do that rather then taking a chance with the H1 visa from your previous employer.

Also - I always travel with a bank statement, letter from employer, a current pay stub, my EAD and last official receipt or letter from the INS regarding the 485. Just in case.

**** this is my opinion. not a legal one *****
 
HI Guys

I am travelling to India by Air-India thru London in December.
I Woked in company A and moved to Company B, then Moved to company A and applied for I-485 and the moved to company B again after 6 months of I-485 RD and now I have valid H1-B stamp with company B until Feb 2004. Can I travel on company "B' valid stamp in this December or I need AP?
Thanks.
 
DehliWalla

Remember when one says travel on an H1 visa - one has to have a multiple entry H1 visa to be able to travel in and out of the country.

If your H1 was issued while you were in the US then it is most likely just a H1 visa - which would mean you do not have multiple entries authorized on it. Please confirm this before travelling on your H1 visa.

If your H1 is not a multiple entry visa then you will have to apply for a travel document which I believe only gets issued if you have a 485 application pending...?
any 485 Gurus who can answer that one?

This is from personal experience.

Good luck though.... hope all works out for ya.

**** this is my opinion not a legal one *****
 
same situation

I had the same situation. Do not pro-actively decalre that you have changed your employment. It could slowdown your process. But you can start preparing your dox beforehand, so that if an RFE comes, you can respond next day.
Good luck...
 
Hi tdbw,

Thanks for your reply. I revalidated my visa in US. How I can know it' s authorized for multiple entries or not? I have applied for AP also and hope I will get it before going to India. I am also thinking to use AP while entering to US. Do I need transit visa for London or just I can show the visa stamp there ?
Again thanks for reply.
 
Guys,

Lot of confusion around.

Feb27 & Delhiwala - You don't need transit visa through Frankfurt/London if you have a valid H-1 visa on your passport.

Those countries are not concerned whether your work on AP or visa, the only thing they want to see is that you have a valid Visa Stamp on your passport which is not expired.

tdbw, I thought:
H-1 doesn't have anything like single entry or multiple entry it has a visa expiration date, if your visa is not expired you are good to come in, so in a way you can say it's multiple entry. Please share what was the personal experience you had. These days everyone is getting their visas revalidated by DOS so what is the use if one can't use it. Also I have a personal experience, I saw Lufthansa didn't let one person board flight in Atlanta for India because he didn't have a transit visa and his US visa in the passport was expired. So, airlines do check the requirments for travel, you might never noticed it because you always met the requirements.

Second thing is showing something at POE: Whether you show H-1 or AP doesn't matter here also. If you show your old H-1 with your new I-797 no problem or you can use AP depends on you. Mogli is right, in case of feb27, he has to show AP as he is working on EAD and that voids H-1 in the case person use EAD.

You can get AP only if you have I-485 pending.
 
Hi PremChopra,

Is still my h1b valid if once I left the company and join it again?
i.e I left the company and rejoined it? My company said you don't need to use EAD to rejoin them. Just they are using my old visa to rejoin the company.

Just FYI:

I have 2 lawyers and one of them is desi. They have different interpretation. Desi says you are fine you don't need AP and you can use old H1-B and another says you should use EAD and AP, as old visa's validity is questionable.
 
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