Is using AP safe when traveling to India????

[maltimonroe]

I have applied for I485 under EB3 in june 2004 and my priority date is 09/2003. since the back log it;s gonna take forever to get my greecard

Is it safe to travel on Advance parole?
Will cutome officer stop me here in us or in india?

Can someone share their experience pleasee>...
Which are the documents i need to carry with me??
It's an emergency for me to go to india

DO i need lawyer's letter or congressman's letter or letter from an employer???

Please reply
thnks

 

[dms]

Of course it is safe - the sole purpose of AP is to allow travel while AOS is pending.

All you need is AP and passport. You do not need any letters, receipts, EAD etc. At check-in when returning to the US the airline will take a photocopy of your AP for their records, and when entering the US the CBP officer will examine and stamp the AP original.

 

[maltimonroe]

when one my friend used his AP and he had valid H1 visa, he was stopped at port of entry and denied to enter and deported. i believe he applied in life act in which he got EAD and AP.
So i am confused
SOme ppl get lucky and get entered at port of entry and some people also get denied.

I don't know what to do...

 

[sertra2002]

I do not know why you are getting so paranoid? If you have been in status you do not need to worry at all. The story about your friend must have more to it. He may have been out of status or some other problem. As dms has pointed out the purpose of AP is to allow you to travel when your AOS is pending. Thousands of people use this and it is as safe as using a valid visa. I have used it, my spouse used it, many people I know has used it without any issues. If you have not done anything wrong you do not need to worry at all.

 

[dms]

when one my friend used his AP and he had valid H1 visa, he was stopped at port of entry and denied to enter and deported. i believe he applied in life act in which he got EAD and AP.
So i am confused
SOme ppl get lucky and get entered at port of entry and some people also get denied.

I don't know what to do...

As 'sertra2002' has said, there is more to your friend's story than you know (or are telling). Firstly, he could not have been deported because you have to be in the country to be deported. Rather, he was refused admission, which is somewhat less serious. By far the most likely reason for this is that he had been out of status for over 180 days at some point and therefore triggered a three year or ten year inadmissability bar. No one with a valid AP or H1 (or in this case both) would be denied entry on a whim - there will have been a legal reason. Since you mention the LIFE act, he probably used 245(i) to allow filing of AOS following being out of status. However, he may have found out the hard way that 245(i) doesn't extend to protecting someone from the inadmissiblity bars.

 

[StillAlive]

I am in the same situation and decided to use AP.

My question is, I had been on bench once for 2 month without pay on H1 period. Does this cause any issues?

Thanks for your time.

I do not know why you are getting so paranoid? If you have been in status you do not need to worry at all. The story about your friend must have more to it. He may have been out of status or some other problem. As dms has pointed out the purpose of AP is to allow you to travel when your AOS is pending. Thousands of people use this and it is as safe as using a valid visa. I have used it, my spouse used it, many people I know has used it without any issues. If you have not done anything wrong you do not need to worry at all.

 

[TheRealCanadian]

My question is, I had been on bench once for 2 month without pay on H1 period. Does this cause any issues?

That's fine. The major source of problems is if one has overstayed an I-94 by over 179 days.

 

[StillAlive]

Thank you very much TheRealCanadian

Some more questions,
1. After I reenter using AP, is it mandatory to renew the AP, eventhoug I dont have any travel plan. Can I renew after AP is expired for couple of months. If yes are there any particular problem while renewing?
2. Currently I work for company A with H1B and same company is processed by PERM labor with sister Company B. My payroll runs from Company A where I am currently being employed. If I use EAD/AP and continue to work for Company A, should I need to file AC21 to work for Company A?

Thanks again for your time

That's fine. The major source of problems is if one has overstayed an I-94 by over 179 days.

 

[TheRealCanadian]

After I reenter using AP, is it mandatory to renew the AP, eventhoug I dont have any travel plan. Can I renew after AP is expired for couple of months. If yes are there any particular problem while renewing?

AP is only used to enter the US, not for status. There's no need to renew unless you plan on travelling, and so long as your I-485 is still pending then an AP renewal should be straightforward.

Currently I work for company A with H1B and same company is processed by PERM labor with sister Company B. My payroll runs from Company A where I am currently being employed. If I use EAD/AP and continue to work for Company A, should I need to file AC21 to work for Company A?

If you intend on working permanently for A, then yes.

 

[ows]

what if I-485 gets approved while out of US on AP?

A friend of mine is going for a short trip out of US on his AP. He expects an I-485 decision soon. His lawyer says that if an approval comes while he is out of US, he must visit US consulate for a stamp in order to enter US.

I was reading this forum and didn't find anything suggesting that...

Could you please help me with that. I still think that its ok to use AP to enter the country even if I-485 was approved several days ago (if and only if he leaves the country before I-485 is approved)

Thank you