My experience with travel on advance parole

tsc_eb1or

Registered Users (C)
I traveled out of the country recently on my AP. Flew via Frankfurt. There are several here who are probably unsure if a transit visa is needed.

I had emailed the German Consul General at Houston and after describing my case, posed the question "Do I need a Transit Visa?". They replied back promptly with "NO" as the answer to the question. I did carry this email printout just in case folks in Frankfurt got a bit edgy.

There was no hassle whatsoever. At Mumbai and in Frankfurt, they saw the AP and that was it. At the port of entry, they kept one document with them, stamped the other, put a date on it and gave it back to me.

cheers
tsc_eb1or
 
tsc_eb1or,

I will be travelling on AP via frankfurt in March. Can you elaborate on what you mean by "At the port of entry, they kept one document with them, stamped the other, put a date on it and gave it back to me"?

I received three I-512L forms. Do I have to carry two of those with me each time I travel?

thanks.

Auro02
 
I received three copies of AP, at JFK I showed them only one, officer stamped it, did not ask abouth the other two, stapled a I-94 stating paroled for 1 yeared from the date of entry.
 
armie said:
I received three copies of AP, at JFK I showed them only one, officer stamped it, did not ask abouth the other two, stapled a I-94 stating paroled for 1 yeared from the date of entry.

Combined reply to AUR002 and ARMIE

I had received two copies of AP. I produced both at the Port of Entry. I didnt know that you need to furnish only one. I just gave both.

The officer kept one in a basket (not the trash), took the other, stamped it and I was on my way. I think the next time around, they will stamp the same thing again. I dont know why USCIS gives you extra copies. The extras are not needed. Again, there isnt any consistency in how many they give you in the first place. I got 2 and you guys got 3 ????

BTW, mine was a multiple entry AP.
 
tsc_eb1or said:
Combined reply to AUR002 and ARMIE

I had received two copies of AP. I produced both at the Port of Entry. I didnt know that you need to furnish only one. I just gave both.

The officer kept one in a basket (not the trash), took the other, stamped it and I was on my way. I think the next time around, they will stamp the same thing again. I dont know why USCIS gives you extra copies. The extras are not needed. Again, there isnt any consistency in how many they give you in the first place. I got 2 and you guys got 3 ????

BTW, mine was a multiple entry AP.


Well should have got 3 forms. You don't need to give one for them. But i heard of cases where the office kept one.
 
Hi Everyone,

I'm going to apply for my First AP soon. I have some questions to ask you all since I have never used AP to travel.

1. When and where do I need to turn in my latest I-94 (My I-94 has been expired, on AOS now) at airport in U.S.? copy or original I-94?
2. When I come back to U.S., while pass line I should follow to enter, U.S. citizen/Green card holder or nonimmigrant visa holder?

Thanks in advance.
 
xyr888 said:
Hi Everyone,

I'm going to apply for my First AP soon. I have some questions to ask you all since I have never used AP to travel.

1. When and where do I need to turn in my latest I-94 (My I-94 has been expired, on AOS now) at airport in U.S.? copy or original I-94?

------------- give the I-94 at airline counter BEFORE going out of US (make the copy of I-94 front and back and keep it with your immigration file for future records)
2. When I come back to U.S., while pass line I should follow to enter, U.S. citizen/Green card holder or nonimmigrant visa holder?
------------- you are not US citizen/Green card holder at this time and will not enter through that line

Thanks in advance.
 
va_il said:
Well should have got 3 forms. You don't need to give one for them. But i heard of cases where the office kept one.

It seems like this is a recent thing (maybe not). I recall having read on this forum some months ago that people were getting 2 copies of the AP. One is all that is needed, unless the officer decides to take all away, which is unlikely if you have a Multiple Entry AP.
 
ginnu,

Thank you for your kind response. I have some folllow up questions.

1. I was told that all AP holders will be interviewed while entering U.S. Is this true? When will the interview happen, in the line first, when it is turn or before the line?

2. What kind of questions will they ask? What is purpose of the interview?

Thanks again for your help.




 
xyr888 said:
ginnu,

Thank you for your kind response. I have some folllow up questions.

1. I was told that all AP holders will be interviewed while entering U.S.

Is this true?
-----Not all AP holders, some are sent for secondary inspection where the officer checks your data in USCIS computer. When you enter at POE and show your AP and passport officer sends you to a room for secondary inspection

When will the interview happen, in the line first, when it is turn or before the line?

2. What kind of questions will they ask?
-------------- just they check the information on AP and in USCIS system.

What is purpose of the interview?
----- Security
Thanks again for your help.
 
question about I 94 and AP

All,

thanks for the very useful information pertaining to renetry using AP.
I'm waiting for I 485 to be approved and have valid AP. I am travelling out of the country and do have an approved I 140. Also have a H1B approval but no stamp. My visit is not to my home country and hence not planning on getting H1B stamp at this time.

My question is Does a person in my situation need to fill out I 94 while re entering, I thought I 94 was only for non immigrants and if you do have an approved immigrant visa petition (assuming that's I 140), then all they do is stamp the AP. Is that an incorrect assumption?

Can someone please clarify this for me? thanks in advance.
 
Guys,
I have the following situation...highly appreciate if you could please comment.

My H1B as well as I-485 is pending. I have to travel in emergency and I am planning to use AP for this purpose. My H1B stamp has been expired long time ago as I am still waiting for my H1B approval. Here is my question.

(i) If I travel on AP is there any issue ?
(ii) will I be able to work as a non-immigrant worker once I returned from India as I haven't received my H1B approval yet ?? what would be my status in this case ??

Please help....
 
4 AP's 4 Years 10 trips to India NO PROBLEM!

First Let me Answer GC.

You can travel to India using AP. However, the H1 that you will receive will be of no value. Coz, once you use AP, H1 gets invalid. You need to have an approved EAD before you enter US, so that you can show proof of eligibilty to work in US. (even thou they do not ask)

OK MY EXPERIENCE WITH AP!!

I applied for 4 AP's for the past 4 years for me and my wife. And ALWAYS got only 2 copies. I entered US from Chicago, JFK, Detroit, Newark, but never had a problem. I travelled from US to INDIA several times on AP.

Only on my recent trip back to US in detroit on Jan 22nd 2007, the Officer asked me where is the 3 rd copy. I said I NEVER GOT IT, since 4 times. She just stamped one of my Copies and made a copy for herself and gave me back BOTH my AP originals.

Last Year while I was entering Thru Detroit again, the officer then took one and gave me the other one back with a stamp.

NEVER Before than the Jan 22nd 2007 trip did I ever knew that you also get 3 copies.

SO BOTTOM LINE IS: Entering the US with a AP is much easier than entering on H1. No questions. Just general.
1. What is the stage of your GC processing?
2. Which Co you work for?

No FP, No Photo.

I have used the follow European/Asian Gateways ever since the Transit Visa stuff started. All the below do not require Transit Visa for AP and I have confirmed from the consulates of the Below Countrires and myself travelled thru them several times on AP.
1. AMSTERDAM - KLM, NWA
2. FRANKFURT _ LUFTHANSA, AIRINDIA
3. DUBAI - EMIRATES

HOPE THIS WILL BE OF ANY HELP TO YOU ALL!!
 
4 AP's 4 Years 10 trips to India NO PROBLEM!

First Let me Answer gctarget06.

You can travel to India using AP. However, the H1 that you will receive will be of no value. Coz, once you use AP, H1 gets invalid. You need to have an approved EAD before you enter US, so that you can show proof of eligibilty to work in US. (even thou they do not ask)

OK MY EXPERIENCE WITH AP!!

I applied for 4 AP's for the past 4 years for me and my wife. And ALWAYS got only 2 copies. I entered US from Chicago, JFK, Detroit, Newark, but never had a problem. I travelled from US to INDIA several times on AP.

Only on my recent trip back to US in detroit on Jan 22nd 2007, the Officer asked me where is the 3 rd copy. I said I NEVER GOT IT, since 4 times. She just stamped one of my Copies and made a copy for herself and gave me back BOTH my AP originals.

Last Year while I was entering Thru Detroit again, the officer then took one and gave me the other one back with a stamp.

NEVER Before than the Jan 22nd 2007 trip did I ever knew that you also get 3 copies.

SO BOTTOM LINE IS: Entering the US with a AP is much easier than entering on H1. No questions. Just general.
1. What is the stage of your GC processing?
2. Which Co you work for?

No FP, No Photo.

I have used the follow European/Asian Gateways ever since the Transit Visa stuff started. All the below do not require Transit Visa for AP and I have confirmed from the consulates of the Below Countrires and myself travelled thru them several times on AP.
1. AMSTERDAM - KLM, NWA
2. FRANKFURT _ LUFTHANSA, AIRINDIA
3. DUBAI - EMIRATES

HOPE THIS WILL BE OF ANY HELP TO YOU ALL!!
 
First Let me Answer gctarget06.

You can travel to India using AP. However, the H1 that you will receive will be of no value. Coz, once you use AP, H1 gets invalid.
you can travle on AP You need to have an approved EAD before you enter US, so that you can show proof of eligibilty to work in US. (even thou they do not ask)
QUOTE]
Thanks gc-4-all. forgive me for my ignorance. But I didn't get what you stated. first of all AP doesn't Invalidate H1B. I confirmed this with many attorneys. you can continue working as a Non-immigrant worker i.e. on H1B. Moreover if you are in AOS stage, you don't necessarily have to work...so you don't have to have an EAD. for example my wife is also in AOS stage and her H4 is also pending. Being a dependant she never worked in US and now if she travels on AP, why does she need an EAD ?? its not like H1B which kinda forces you to work else you'll be out of status....make sense ??
Any other comment/thoughts Please....Ginnu and other senior folks....

Thanks much....
 
Last edited by a moderator:
First Let me Answer gctarget06.

You can travel to India using AP. However, the H1 that you will receive will be of no value. Coz, once you use AP, H1 gets invalid.
you can travle on AP You need to have an approved EAD before you enter US, so that you can show proof of eligibilty to work in US. (even thou they do not ask)
QUOTE]
Thanks gc-4-all. forgive me for my ignorance. But I didn't get what you stated.
first of all AP doesn't Invalidate H1B.
-----------------that is correct
I confirmed this with many attorneys. you can continue working as a Non-immigrant worker i.e. on H1B. Moreover if you are in AOS stage, you don't necessarily have to work...so you don't have to have an EAD. for example my wife is also in AOS stage and her H4 is also pending. Being a dependant she never worked in US and now if she travels on AP, why does she need an EAD ??
------------she dont need EAD if she does not want to work
its not like H1B which kinda forces you to work else you'll be out of status....make sense ??
Any other comment/thoughts Please....Ginnu and other senior folks....

Thanks much....

H1, AP
http://www.murthy.com/chatlogs/chat0816.html
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

http://www.murthy.com/chatlogs/chat0816.html
Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.

Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.
 
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