Need advice: AP and unemployed travel

[bumblebee]

JIM/Jaxen:Need advice: AP and unemployed travel

If I-140 is approved, I-485 is pending, but you get laid off with EAD and AP in hand, my friend is unemployed, looking for a job to use AC21. 180 days have passed.

1) Is it risky to travel out of the US? If you reenter, do they ask you your current employer? Will they cause problems if you say "unemployed" ?
2) Can you file an AP renewal without a sponsoring company (e.g. while you're still looking)? The original AP application came with a letter explaining the business necessity for obtaining the AP...Do you need this for renewal?

 

[goastros]

My $0.02
1> Probably Risky. Your friend shd definitely not say "unemployed". So preferably if your friend can avoid travelling out of US.
2> Applying for AP renewal without a job should be fine.

 

[gc_luckyguy]

Dodn't worry - Travel and have fun

I got laid off while I -485 is pending. I had AP with me. I very tired working is this fucking corporate world and wanted to take a break.
I went on vacation to India for 4 months and then came back to US on AP.
If at all you are asked whether you are working. Tell INS that you are working for some Sexy xyz Inc.
No issues at all.

Travel immediately and have fun. The 2 important things are
1) have a valid AP
2) also carry i485 reciept copy with you.
That's hit. I strongly advice you to travel. Do not suffer in US.
Get out immediately and have fun.

I am done this!!!!!

 

[sandeep_wxyz]

How much time for ? ...Did u get lucky ?

You came back with no job, with no questions asked. That's excellent.

I am not sure if above is Ok, or you got lucky.

I am in situation where with valid AP, I need to travel for a year (for family reasons), and come back probably max. with a valid offer letter from a company who'll offer me a job similar to what I have on my petition. I am presuming that my current employer will not be able to give me a year long break and assure me position upon my return.

Any inputs/suggestions?

 

[Jackolantern]

With an employer-based pending I-485, traveling outside the US is very risky without a job or job offer. You may get lucky and they don't ask who you work for, but if they do ask and want to see a job letter, you're in trouble.

 

[TheRealCanadian]

if they do ask and want to see a job letter, you're in trouble.

They can ask, but they have no grounds to deny any petition, or to deny re-entry.

 

[gc_luckyguy]

One year is too long - A big noooooo

As long as your journey is within 5 months you should not face any problems.
If they ask if you have a job confirm in the affirmative.
I definitely do not advise travel beyond 5 months. Come back in 5 months stay here for 2 months and then go again for 5 months.
I traveled for 5 months without any issues. Any questions whatsoever at POE.
Take valid AP & I-485 with you.