going out of country!!... is it okay on AP

R

rsannu2k

Registered Users (C)
Hi guys,
I dont know I am not feeling comfortable, but I have to go out of USA to Canada for couple of days, I am planning to come back into US on Saturday, is okay while 485 is going on, and go and come back into US. Also the main reason why I am putting this request is, anyone recently gone out of country and come back into US ( thru newark, NJ), how you will be dealt at the port of entry, if we have to show them AP????

Please clarify me, as this may not be that big issue at all.

Thanks,
Sekhar
 
Automated Re-validation

I just came from Canada, I have a H1B visa valid till Feb 2005, but my stamped visa on my passport expired on Feb 2004.
Went to Canada and came back in a week using valid I-94.

If you have a valid I-94, you should be able to come without AP
 
Travelling on AP

I have not heard any horror stories incase you are returning back to USA with valid AP, copies of I-485, I-140 notices and other information like company letter and pay stubs etc. Coming back from Canada on unexpired I-94 is not risk free. It depends on the INS officer(surprise surprise..). Any way it is legally required to have a valid visa/AP to enter US. So I would take all the documents required and then only leave US.
 
rsannu2k said:
Hi guys,
I dont know I am not feeling comfortable, but I have to go out of USA to Canada for couple of days, I am planning to come back into US on Saturday, is okay while 485 is going on, and go and come back into US. Also the main reason why I am putting this request is, anyone recently gone out of country and come back into US ( thru newark, NJ), how you will be dealt at the port of entry, if we have to show them AP????

Please clarify me, as this may not be that big issue at all.

Thanks,
Sekhar
Click to expand...

If u valid valid unexpired AP, why do u worry? Its only purspose
is to allow entry into US while 485 is being processed.
AP can be used to enter into US
 
Thank you all guys for your valued response.
I also have my H1 (which is what I am using) is valid till 2005 aug, and i have my passport stamped with Visa, so I have Visa as well AP. But I am getting confused little when you say I-94, is it the same thing which come along with H1B document, the down part, or when we enter into USA they issue at the port of entry.
This is my second H1, old I-94 which was valid till my first H1 was expired, as I did not leave this coutry, so I dont have another one!!!.
Please clarify me on this.
Sekhar
 
Both I-94's are one and the same. When you got your new H1, you are supposed to staple the bottom portion of the approval (I-94) to your passport. When you leave the country, they take that I-94 and issue a new one when you enter the country.

If you have an approved H1 and working on H1 then use H1 for reentry, no need to use AP.
 
You will get new I-94 while entering US

You will get new I-94 while entering US. You give your I-94, either from the H1 approval notice or the other one to the airline/checkpoint while leaving US and will get a new I-94 based on the valid visa you have on your passport. Carry your original H1 approval notice, company letter and paystubs. You are all set, no need to use the AP.
 
rsannu2k said:
Thank you all guys for your valued response.
I also have my H1 (which is what I am using) is valid till 2005 aug, and i have my passport stamped with Visa, so I have Visa as well AP. But I am getting confused little when you say I-94, is it the same thing which come along with H1B document, the down part, or when we enter into USA they issue at the port of entry.
This is my second H1, old I-94 which was valid till my first H1 was expired, as I did not leave this coutry, so I dont have another one!!!.
Please clarify me on this.
Sekhar
Click to expand...

FWIW, My case is similar to yours. I have a valid H1B visa through December 2005 and a valid AP. When I showed my passport with a valid visa to the Immigration Officer when I returned last week from England, he asked for the Petition letter. I was at wits end about this petition letter. I told him I don't have it. He said I needed one to re-enter on H1B. And then when I said I have an AP though, he said that the visa is no longer valid once I receive my AP and that I have to travel only with AP. It only took 2 more minutes to show the AP to an officer in a special room and go to baggage claim. Check with your lawyer also ask as many people around.

HTH.
 
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