Does using AP need original 485 receipt?

[ganshm]

I remember somebody mentioned using AP needs original 485 receipt a while ago. Is it required?

BTW, if you have used AP before, what are the documents immigration officer asked for at the airport?

Thanks.

ganshm

 

[140_takes_4ever]

AP requires no supporting documents. (H1 requires the 485 receipt).

Look up older threads for an exact list of documents, this has been much documented!

 

[ErDr]

I entered using AP a couple of days back. The officer didn't ask for any document other than the AP although I carried copies of I-140 approval and I-485 receipt notices, EVL, and last 3 paystubs with me.

 

[gopher97]

Originally posted by 140_takes_4ever
(H1 requires the 485 receipt).

I don't get this. If a person has a valid H1 visa, what's the necessity of 485 receipt?

 

[140_takes_4ever]

gopher97,

H1 inspite of being a dual purpose visa, is not an immigrant visa. So entering on H1 after applying for AOS, signifies intent to switch from immigrant to non-immigrant status. Effectively that translates to abandonment of AOS.

Having said that, thanks to H1 being a dual purpose visa and the INS guideline that allows you to maintain H1 status even after applying for AOS, you can enter the country on H1, but you need to show your 485 receipt to the immigration officer to signify that you wish to keep your AOS file active and are looking to immigrate. Hence the need to show 485 receipt on arrival.

 

[thunder1900]

Originally posted by 140_takes_4ever
gopher97,

H1 inspite of being a dual purpose visa, is not an immigrant visa. So entering on H1 after applying for AOS, signifies intent to switch from immigrant to non-immigrant status. Effectively that translates to abandonment of AOS.

Having said that, thanks to H1 being a dual purpose visa and the INS guideline that allows you to maintain H1 status even after applying for AOS, you can enter the country on H1, but you need to show your 485 receipt to the immigration officer to signify that you wish to keep your AOS file active and are looking to immigrate. Hence the need to show 485 receipt on arrival.

Incorrect. People who first time come to the US doesn't have I485 receipt at all. People who revalidated their H1 visa in DC mostly may not have I485 receipt at all. It is unnecessary and unreasonable for officers at entry of port to ask H1 visa holders for I485 receipt. As far as you are legal H1 holder, you must be admitted.

 

[140_takes_4ever]

thunder1900,

Please quote relavent point of law to explain your ambigious post.