Experts - Please help

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perai123

Registered Users (C)
I've completed 6 years on H1, my H1 got expired, I am working on EAD and waiting for my RFE response to be sent by my lawer.

We got only old visa stamp on our passports and H1&H4 also got expired. We got only AP that is valid upto next Jan. Myself and my family are planning to visit India on separate dates.

1. What other extra documents we need to have during travel?
2. Will it be a problem for my family to travel alone without me accompanying them? My wife and daughter have no EAD or H4 at present. They only have a valid AP.
3. Will the absence of any visa stamp or expired H1 create any issues at any place?
4. When my family is in India, if I get the 485 approval before my departure, is it OK for me alone to get the stamping first before my travel to India and for my family to get their stamping on coming back?
5. Whether my family can stay for more than 2 months on Parole.

I'd very much appreciate your expert guidance on the above questions. Thanks for your time.

WAC-02-056-******
RD:11/30/01
ND:04/12/01
 
1. What other extra documents we need to have during travel?

Offically Copy of 485 receipt only but these days better to carry your EAD and employment verification letter or recent pay stub and original AP docs.

2. Will it be a problem for my family to travel alone without me accompanying them? My wife and daughter have no EAD or H4 at present. They only have a valid AP.

NO problems they need to carry the 485 receipt and vaild AP.

3. Will the absence of any visa stamp or expired H1 create any issues at any place?
NO , unless you have stayed in US without authorization.

4. When my family is in India, if I get the 485 approval before my departure, is it OK for me alone to get the stamping first before my travel to India and for my family to get their stamping on coming back?
NOt a problem you have to make sure you leve US before your approval of if approval come you have to leave after stamping.

5. Whether my family can stay for more than 2 months on Parole.

yes.
 
Ghost-Rider

Thanks for your immediate reply. We'll carry those documents as suggested by you with us.

Thanks a Lot
 
perai123,

Actually you don't need ANY document other than AP to enter the US. That is the whole point of the AP, it is a document that allows you in without visa stamp or other related documents.

As long as you have been in legal immigration status throughout there should be no problem.

Carry all papers that your lawyer gave you relating to your AP. ALL means ALL! Even the cover letter. Also carry a number of copies of your AP, incase you have to hand it over to the airline or immigration counter in India.

I just travelled on AP last month, and had not problems, and wasn't asked for any further documentation.

Just a note of advise, the immigration authorities in India, and the airline are NOT AT ALL familiar with AP, and might pose problems to you and your family on the way back, asking for visa or proof of permision to enter the US. For that reason, you might want to carry a copy of your 485 receipt and EAD. It has been posted that someone after arguing for some time on the legality of AP with the immigration officer in India showed his EAD, and the officer there thought it was a green card and shouted back saying why din't he show his green card when asked too. So be prepared to explain. A letter from your lawyer or company stating the purpose of the AP will not be amiss!

Good luck and have a safe trip!
 
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