Lost Job and going abroad

S

SriniKris

Registered Users (C)
Hi,
I filed my 485 on Dec 17, 2002. I have my EAD till Aug 2004 (got it approved late). I may be out of a Job from Jan 16, 2003. I have to visit India for my sister’s wedding in Feb 2004. Can’t change the wedding Date. I completed six years of H1 some time back, so I am on EAD. My concern is that whether I would be able to visit India using AP and come back safely in case I lose my Job. What steps can I take now in this regard? Thanks for any of your help.
 
At the POE while using AP, they won't ask for your pay stubs or employment letter. Just in case take the pay stubs till Jan 16, 2003 and it should be okay.
 
Do you have your I-140 approved ? If so you are safe to travel on AP
even though you are not employed. You only need to be employed at the
time of I-485 approval, likely when RFE is generated. You should have
a VALID AP before you enter back into United States.

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My 2 Cents -- You should consult an attorney
 
Yes,
I have my I-140 approved. So when I come back and if I am not employed, the POE officer would let me into this country. Don't I have to find another employer?
 
My 2 cents....

They can ask you to provide a letter from the employer.. In my case in April 2003 they asked me for it at Philly international...A future letter of employment may also be produced. The I 485 receipt says that it is employment based and so they have the right to verify employment.. When I travelled back in October 2002 through SFO , the officer did not bother to check even my I 485 receipt .
 
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