EB2_091505 said:
Anyone travelling less than 3-4 weeks are not required to submit their I-94's. But do make sure to get A) A new one with H1 expiry date when you reenter.
B) Make photocopies of all the I-94's just incase if officer makes a mistake.
Please keep us posted , I have appointment on Tuesday. Good Luck to you and please reply to me with A) Who was your interviewer and B) Questions asked.
Best wishes,
Hello all,
My stamping in canada went well. It was very quick and I got the visa stamp but I had some problems at the immigration counter.
Please see my timeline and the questions I have below:
1. Based on my I-797, the US consulate at Toronto stamped my passport with an H1 visa stamp till 2009 (as was noted in the H1 I-797 approval notice). There were absolutely no problems during this process.
2. When I entered the Toronto US Immigration, the officer there looked at my documents and my passport and asked me how long I have been on H1 status in the US. I said, I have been on H1 status since July 4th 2001. He then told me that technically my 6 years of H1 should be expiring in 2007and he does not understand why I got a visa valid till May 2009.
I told him that this was based my pending green card application. He then said that he understands that but since I changed employers, I should not be getting a 3 year extension but only a 1 year extension. I told him that this was based on AC-21 (portability) and showed him the copy of the AC-21 law and a copy of the request from my lawyer to USCIS asking for 3 year extension based on my pending I-140. He then said that he does not know if this law applies if one changes employers and he asked me to go the secondary inspection area.
3. At the secondary inspection area, the second officer still said the same thing, that I should only get 1 year extensions and not 3 year extension on my I-94. Again I told him the same thing but he said he did not know of this law.
Then he asked me for my green card receipts because that was the basis of my H1 extension for 3 years. When I handed him the receipts for I-140, I-485, AP, EAD and the approval notices for I-140, he asked if I had an Advance Parole.
I said yes and handed him an original of the AP document. He then said that he will just parole me in and that he should have shown the AP document to the first officer. I told him that the whole reason I went to Canada was to avoid using AP since I wanted to stay on H1 status.
At that point he said you cannot pick and choose and that he will Parole me in. I again resisted saying that if I travel on AP, what happens to my H1? He said, you don't need to confuse AP and H1.
You can work on H1 and travel on AP. That is the easiest way for you. At that point, I did not want to argue further as I was getting worried so I just said ok and then he paroled me in.
My flight originally scheduled was cancelled and i missed the earlier flight that the agent put me on so I then I had to get out of immigration area, back to the airline counter, get a new ticket for newark (instead of originally philadelphia) this time and get back through immigration again (This time I told the officer that I was through immigration just a few minutes back and he just asked me for the AP and let me go).
During this conversation I repeated many times that I want to stay on H1 status (and potentiall bring my spouse on H4 status in the future if I get married outside the US) and each time both the first and second officers said that yes you can stay on H1 and that you do not need to do anything except to make sure your AP is valid when you are entering the US.
So here are my questions:
1. I did some research over the weekend and found that indeed it is true that I can stay on H1 status and continue to travel on my AP as long as my AP is valid. Can you please advise me if this is the case and that I do not need to do anything special here? I am also following up my attorney who had said a few months back that you can travel on AP and maintain H1 status without any problems. Please do let the lawyers know that this is in the context of AC-21 which means that I have ported my green card application over to a new employer and if that would make any difference here.
2. I am planning a trip abroad from october 1st week to november 1st week before my current AP expires and I wanted to know two things here:
a. The next time I come to the US, should I now go through AP or show my valid H1 visa? I've seen that a lot of people use a combination of H1 and AP to travel. Could you advise as to what I should do when entering the US next time?
b. Assuming I apply for an extension of Advance Parole before I leave, do I have to wait till it's approved before I can travel or can I travel while the application is pending (as long as my current AP is valid?)
3. Because of the issue with the weather while coming back, I left the US from Philadelphia but came back through Newark. Is that okay or is there something that I need to be aware of regarding this?
Please advise me on what I should be doing.
Thank You!!