GAP between expired AP and new AP

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BBCHENGC

Registered Users (C)
Gurus, please help me on this:

I'm applying for my 3rd AP, 3rd EAD now, JAN 02 filer, 1st FP expired, no 2nd FP yet.

I will be traveling out of US for serveal months. During this time, my 2nd AP will expire, and not sure when 3rd AP will arrive.

In case there is a gap between expired 2nd AP and new 3rd AP when I'm outside of US, what will happen? Is there any regulation/rules to follow?
 
You can ONLY travel on an AP that you have in hand while leaving the country. e.g. if you are travelling outside the country on your second AP you need to enter on it! You cannot let the second AP expire and then enter on the 3rd AP!
 
When the airlines agent is checking the validity of your second AP, they will notice that it expires BEFORE the return date on your ticket.

They will likely deny you boarding. They will at least ask you how you are going to come back to the country.
 
Originally posted by GC012002
When the airlines agent is checking the validity of your second AP, they will notice that it expires BEFORE the return date on your ticket.

They will likely deny you boarding. They will at least ask you how you are going to come back to the country.
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How do the agent know when he is coming back? You can always change the return data in foreign country. And also how does the immigration officer know that he left US on second AP, not 3rd AP? There is no validation, right?
 
Originally posted by 140_takes_4ever
You can ONLY travel on an AP that you have in hand while leaving the country. e.g. if you are travelling outside the country on your second AP you need to enter on it! You cannot let the second AP expire and then enter on the 3rd AP!
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140_takes_4ever,

Do they check for AP when person is leaving US? How do Immigration officer know that he left the country with second AP and entering with 3rd AP?

-wac02042
 
From Murthy' s Chat


Chat User : Hi. Does one need travel parole even at the time of leaving the U.S. or only when entering the U.S.? Can it be mailed outside of the U.S.?

Attorney Murthy : Under the law, a person is no longer supposed to depart the U.S. before obtaining the advance parole approval. At the time of entering the U.S., the inspector at the airport has the right to deny the person entry to the U.S. based on the person's having departed the U.S. before having obtained the AP approval. So, it is risky to depart the U.S. before obtaining the AP approval notice.


140_takes_4ever,

From Approval date of third AP officer can understand
 
Originally posted by wac02042
How do the agent know when he is coming back? You can always change the return data in foreign country. And also how does the immigration officer know that he left US on second AP, not 3rd AP? There is no validation, right?
Click to expand...

The agent can always read the date that is written on the ticket, with the assumption that you would go back on that date. So logically, if you were an agent, you would ask this question "Hey .. your AP will expire xx weeks before your return date. How are you coming back here?"

You are correct, the IIO MAY not know if you leave with a second or third AP. However, on your return to the US, the Officer at POE may/will check if you departed from the country prior to the valid date of the AP that you are presenting at that time.
Sometimes I wonder, when I checked in, the airlines agent read the AP and typed something on the computer. I don't know if the data was sent to CIS or something ...

On my return to the US, I personally have never been asked when I departed the country. Again, I don't know what data is kept on CIS computer (see above).

I guess the practice has changed these days as pointed out by Murthy. The govt agencies have been working on integrating data/information from different agencies and airlines.
 
Thanks for the posts

Tammy2, I think in Murthy's discussion, she was talking about the case that the person does not have valid AP before leaving the US, which is not the same as my case.

Here is the reply from my lawyer, which sounds reasonable to me:

"If your new AP is approved before your current one expires, you can leave with the current one and come back with your next one. However, if your new AP is not approved, you need to make plans to come back to the US at the latest the day before your current AP expires."

What do you guys think?
 
Last edited by a moderator:
Originally posted by GC012002
The agent can always read the date that is written on the ticket, with the assumption that you would go back on that date. So logically, if you were an agent, you would ask this question "Hey .. your AP will expire xx weeks before your return date. How are you coming back here?"
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Do agent care about AP? I just gave up my I-94s and no one was asking me to show any AP, green card and etc.
 
Re: Thanks for the posts

Originally posted by BBCHENGC
"If your new AP is approved before your current one expires, you can leave with the current one and come back with your next one. However, if your new AP is not approved, you need to make plans to come back to the US at the latest the day before your current AP expires."

What do you guys think?
Click to expand...

BBCHENGC,

This sounds reasonable. I also asked the same question to our lawyer. Will update the forum once I get any info.

-wac02042
 
Why would the airlines care about your status?

Why would the airlines care about your AP expiration while leaving US?
Why do the agent at the counter care about your return dates?
I have been to aiport several times and they only look for I-94
and if it is not there with the passport they will ask you if you are
a green card holder.
Regarding departing US before AP approval there were mixed
responses from people on different threads.
I had the same issue but luckily our second AP got approved
before departure date and unfortunately I didn't get to go this time.:-(
 
Re: Thanks for the posts

Originally posted by BBCHENGC
"If your new AP is approved before your current one expires, you can leave with the current one and come back with your next one. However, if your new AP is not approved, you need to make plans to come back to the US at the latest the day before your current AP expires."
Click to expand...

Sounds pretty much like I called it! You must travel on the AP you have approved before departure.

To answer the question as to how the immigration officer will know about AP expiry, well there is this thing called a computer and something called database.

The database holds ALL your immigration information, including AP issual/expiry and I-94 information, not to mention 485 validity details. You gotto have balls of steel if you want to play the "I will be lucky" routine.

BBCHENGC,

What your lawyer says is right, just that you are trying to interpret it to suit your situation. If you get your 3rd AP you can travel on it and come back whenever, if you don't get it approved before you leave, you better come back before your 2nd AP expires! But your original post about "gap between 2nd and 3rd AP approval" WILL NOT be covered by your lawyer's update. I think it would be best if you call your lawyer and explain EXACTLY what you plan to do, he/she will be in the best place to advise you!
 
Originally posted by Tasse
Do agent care about AP? I just gave up my I-94s and no one was asking me to show any AP, green card and etc.
Click to expand...
Tasse,

It is not at departure that you need to be concerned about but arrival. Usually they don't care who departs from the country, it is just that after the agent collects your I-94, the data is entered into their computers and when you enter the country again, it is checked to make sure you did not overstay your visa the last time around. This is to see if they should allow you to enter the country.
 
H1 expired - APnot approved - can I leave and return with new H1 stamp

Hi
My H1 has expired and I have filed for H1 renewal. My AP is yet to be approved. Can I leave US if H1 petition is approved but AP is not approved
 
Re: H1 expired - APnot approved - can I leave and return with new H1 stamp

Originally posted by desi_mazdur
My H1 has expired and I have filed for H1 renewal. My AP is yet to be approved. Can I leave US if H1 petition is approved but AP is not approved
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As long as you have not used your EAD to work! Your status as H1 is not lost! Once you use your EAD, you HAVE to travel only on AP!
 
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