How Safe to travel?

M

munnabhai02

Registered Users (C)
My lawyer has put us in jeopardy.

After having booked the tickets, now my attorney says that he cannot recommend and guarantee that there won't be a problem entering US. I have a valid AP.
As per the lawyer, travelling and safe returns depends upon whether it is a paid or an unpaid leave.

My question is to those who have traveeld recently on a valid AP:
1. Did you go on a paid leave?. What documents are required to be carried along if it is a paid leave?

2. Did you travel on an unpaid leave?.
Please share your experiences whether is it worth taking chances since now my lawyer is discouraging
thanks
 
News to me, never heard of this before. Officer at POE will never ask you if you are on paid or unpaid leave, atleast until now.
 
Your attorney talks crap !!!

The officer at POE does'nt care whether you get paid or unpaid vacation from your employer. All he needs is a valid visa and a clean history to get in to the country.

Btw, I went to India with a valid AP but did my H1 stamping in India and entered on H1.

I dont think there should be any concerns in your case.


Good Luck !!!
 
Time to fire your attorney.

If you are traveling on AP, based on your immigration history, make sure that you are not subject to 3-year or 10-year bar.
 
Just make sure you have a letter from your employer, stating you are travelling to india for a vacation (doesn't matter paid or unpaid) and will be back to resume employment on (date).
That will ensure that the BCIS officers know you have a job you are coming back to.

Goober
 
Originally posted by goober71
Just make sure you have a letter from your employer, stating you are travelling to india for a vacation (doesn't matter paid or unpaid) and will be back to resume employment on (date).
That will ensure that the BCIS officers know you have a job you are coming back to.

Goober
Click to expand...

I would go with this suggestion, this is what I did, no one asks whether it is a paid leave or not.

I was asked for EAD + I485.

Both in India and here they asked for EAD.

If you were never "Out of Status" then you have nothing to worry about.
 
enjoy your vacation

firstly since the 485 petition is in expectation of future employment, it doesnt really matter whether or not you are working right now.That issue was more for people travelling on H-1s and was more likely to affect them. If you have your 485 receipt and your AP then you have a right to be in this country, barring any other security issues, up and till the 485 is adjudicated. So enjoy your vacation!!
Not sure about this lawyer if this is the advice ur paying for.
 
Been out of the country on 5 separate occasions and returned without any issues on AP.

When you return, you will be taken for secondary inspection. Not a big deal, they check whether your AP is genuine or not and check their system for god knows what. Other then that, nothing.

Best to carry your EAD, a copy of your I-485 receipt, and offcouse your original AP papers. Nothing else is required, in fact, I was never asked for anything except AP papers.

So if you have no complications with your past legal status in the US, go worry free and chill on your vacation. God knows all of us GC waiters need that.................
 
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