Documents required while re-entering USA

Ram_CSC

Registered Users (C)
Hi All,

I wanted to confirm the list of Documents required while reentering USA on H1 or AP

1) (Original H1 document + Valid H1 Visa) OR AP
2) If AP used, copy of 485 receipt
2) Some recent Paystubs.. last two months
4) Employment letter from the company stating position and salary

Am I missing anything else ?

Please let me know

Regards,
Ram
 
Is EAD required

Do I need to show EAD card if I get in with AP ?

I am currently using H1 and plan to use AP ONLY if my GC is approved while I am in India ( I wish :) )

MY EAD got approved yesterday but am not sure if the Card is sent to me before I leave to India. If its required, then I might

Regards
Ram
 
Officially EAD is not required but if you are using AP to reenter than some stupid INS office might ask you about EAD, so it is better to have EAD with you.
 
If you have never travelled using AP, you can still travel using your H1 (I did it several times). But if you use AP to enter, they might ask you for EAD card as well.

I was in a similar situation once. I had to travel outside for a business trip, I had a valid AP but my EAD was going to expire in few days. I had applied for a 2nd EAD, I hadn't gotten that yet and it had not been 90 days to get iEAD. So there was a week period between my first EAD expiration and the date that I could apply for iEAD. My attorneys told me that they might give me some hassle during entry if my EAD was expiring soon.

Technically, they should not ask for your EAD.

In my opinion, it would be safrer to travel under H1. Besides, people in other countries (while you are boarding the plane), may not understand what AP is and all that stuff.
 
If you travel on H1 you HAVE to carry original 485 receipt with you to prove you are not abandoning your 485!

With AP 485 is not required! EAD is not a must. Sometimes people don't have it, sometimes they do. AP does not require any other document with it for validity!
 
Actually you don't have to carry your EAD if you are using AP. You can also work with your H1 if it is valid, even if you re-enter using your AP. But, as vipsha said, some stupid ignorant immigration officer can create troubles for you at the time of re-entry, if you don't have your EAD handy.

sunamb

wac 02-069-XXXXX
 
I would still carry my EAD if I enter on AP. What if the immigration officer asks you: "are you working?" What then? You have to tell the truth and be able to show on what doc you're working.

If you are entering on AP, I therefore urge you to have your EAD ready.
 
H1 wothout AP :

I do not have AP. I have valid H1. What if plan to reenter on H1 and the green card gets approved when I am out of country?
WHat would happen.
Appreciate your kind response
 
H1 without AP and planning to travel

Hi Eager2000,

IAs you just have H1 visa and not having AP., there is a possibility that your Greencard is approved while out of USA.

In that case, you might have problems because technically you can be either a non immigrant or immigrant and hence once your GC is approved, your H1 visa is invalid.

So in short, DONOT leave the country without AP in hand. Apply for AP asap if you have travel plans, I guess AP is being approved relatively quickly these days.

Hope that helps

.
Ram
 
Thanks Ram

But have you come across anyone with this problem while reentering? Because when we enter with our H1 visa, how would the Immigration officer know that our GC is apporved?
Thanks for your response.
 
Re: Thanks Ram

Originally posted by Eager2000
Because when we enter with our H1 visa, how would the Immigration officer know that our GC is apporved?

Are you serious? You have to be a serious gambler if you want to take chances with something as important as a greencard. You know right a green card has an expiry date? And you have to renew it?

If you ask for advise, then listen to what people say, don't put forth moronic questions! Offcourse the final decision is yours! If you want to enter on a H1 or butt naked, who are we to stop you!
 
Eager2000,

**************************************************
But have you come across anyone with this problem while reentering? Because when we enter with our H1 visa, how would the Immigration officer know that our GC is apporved?
Thanks for your response
**************************************************

Once your 485 is approved, your H1 will automatically become invalid. The immigration officer may not know that your 485 is approved, but he/she will certainly know that your H1 is invalid. If you have an AP, you will be allowed for a "deferred inspection" incase your 485 is approved while abroad. Hope this helps.

-sunamb

wac 02-069-XXXXX
 
Top