Question about travel before AP approved?

G

greencard_sep04

Registered Users (C)
Please let me know if I use the L-1 visa stamp for travel before I get the AP approved, is it illegal or not?


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CSC EB3 Concurrent

140/485/EAD/AP RD: 9/22/04
140/485/EAD/AP ND: 9/24/04
FP ND: 9/30/04
FP done: 10/16/04
485 LUD: 10/20/04
EAD AD: ??
AP AD: ??
I140 AD: ??
I485 AD: ??
 
greencard_sep04 said:
Please let me know if I use the L-1 visa stamp for travel before I get the AP approved, is it illegal or not?


----------------------------------------------------
CSC EB3 Concurrent

140/485/EAD/AP RD: 9/22/04
140/485/EAD/AP ND: 9/24/04
FP ND: 9/30/04
FP done: 10/16/04
485 LUD: 10/20/04
EAD AD: ??
AP AD: ??
I140 AD: ??
I485 AD: ??
Click to expand...
H/L visas can enter without AP but carry ORIGINAL 485 receipt.
 
greencard_sep04 said:
Please let me know if I use the L-1 visa stamp for travel before I get the AP approved, is it illegal or not?


----------------------------------------------------
CSC EB3 Concurrent

140/485/EAD/AP RD: 9/22/04
140/485/EAD/AP ND: 9/24/04
FP ND: 9/30/04
FP done: 10/16/04
485 LUD: 10/20/04
EAD AD: ??
AP AD: ??
I140 AD: ??
I485 AD: ??
Click to expand...
by the way what service center u come under?
 
TheRealCanadian said:
There is no such requirement.
Click to expand...
Its not a requirement but a rule. Check these links first is from USCIS website!

http://uscis.gov/graphics/services/emergency/index.htm

"Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US"


http://www.immihelp.com/gc/aos/eadap_h1.html
 
I think TheRealCanadian was trying to tell that there is no requirement to carry ORIGINAL of the 485 receipt notice.

Am not sure about it being a rule or not, but I've also heard the same thing from many other attorneys ( that you need ORIGINAL 485 receipt for travel with H/L ).

Not sure why -- they can lookup my information using my A# - so why bother ?!?!

God knows :)
 
max2k1 said:
I think TheRealCanadian was trying to tell that there is no requirement to carry ORIGINAL of the 485 receipt notice.

Am not sure about it being a rule or not, but I've also heard the same thing from many other attorneys ( that you need ORIGINAL 485 receipt for travel with H/L ).

Not sure why -- they can lookup my information using my A# - so why bother ?!?!

God knows :)
Click to expand...
check the second link and it'll answer your question. I had some friends
who went through the same situation. Go figure :)
 
max2k1 said:
I think Am not sure about it being a rule or not, but I've also heard the same thing from many other attorneys ( that you need ORIGINAL 485 receipt for travel with H/L )
Click to expand...


Not sure why I-485 is needed when H1/L1 visa is valid. I myself entered twice in my AOS stage - but never been asked for I-485 receipt. I never saw my I-485 original as it was always in my attorney's file. And I don't think the POE officer can varify anything from I-485 receipt (except getting A#) because POE officers are not USCIS employees and the systems they use also not USCIS systems.
The only logical reason I can think is that when somone's H1 visa is getting expired too soon. For exmples, if H1 visa is getting expired on 15th Oct and he is trying to enter on 5th Oct. In that case the POE officer might not allow to enter. But if he/she has I-485 receipt, POE will alllow.
 
guys that website just says "serious delays can occur if an individual
dosent have AP and NO ORIGINAL 485 receipt". I belive they must have said it
for some reason. I personally havent been through this situation myself
but would not want somebody else to be in trouble because of this. I agree
with others that there is no rule by USCIS to carry 485 ORIGINAL receipt as compulsarily but my comments were based on what I've heard and that website link posted above.
 
fast_gc_seeker said:
I believe they must have said it for some reason.
Click to expand...

The beautiful thing about being an attorney is that you get paid $100/hour to say whatever comes into your head. I have re-entered the US numerous times from Canada and the United Kingdom with a pending I-485 with only my I-797 approval notice or I-94. At no time did any issues ever come up.

I agree with others that there is no rule by USCIS to carry 485 ORIGINAL receipt
Click to expand...

'Nuff said. :)
 
What will happened if someone has expired H1 or H4 visa on passport but valid approval notice.

Do AP, expired H1 or H4 passport, latest approval notice and copy of 485 receipt is ok for entry in usa? If he is not working in EAD.



fast_gc_seeker said:
Did u carry ORIGINAL I-797 or copy of it? in other words if somebody
wants to enter on H1 is carrying copy of I-797 ok or original is needed?
Click to expand...
 
rahul_singh said:
What will happened if someone has expired H1 or H4 visa on passport but valid approval notice.
Click to expand...

Well, the H approval notice won't do you any good for entry without a valid visa stamp. Enter using AP, and then use the unexpired H1 to work.
 
Did u carry ORIGINAL I-797 or copy of it? in other words if somebody
wants to enter on H1 is carrying copy of I-797 ok or original is needed?
 
fast_gc_seeker said:
Did u carry ORIGINAL I-797 or copy of it? in other words if somebody wants to enter on H1 is carrying copy of I-797 ok or original is needed?
Click to expand...

Technically the original I-797 is supposed to be retained by the employer, with only the I-94 in the lower corner (if there) to be given to the alien, so yes a copy is just fine.

Half the time CBP merely looked at my I-94 and typed in the petition number (that's all they are looking for) from the back of the I-94.
 
TheRealCanadian said:
Technically the original I-797 is supposed to be retained by the employer, with only the I-94 in the lower corner (if there) to be given to the alien, so yes a copy is just fine.

Half the time CBP merely looked at my I-94 and typed in the petition number (that's all they are looking for) from the back of the I-94.
Click to expand...
I dont know about technicality, but I had 3 H1's until now and 2 employers gave the original I-797 approval notice to me. Also in countries like India showing of ORIGINAL I-797 is a must for H1B stamping and applying a new H4 visa.

I guess according to what you said above a copy of I-797 is just fine to enter on H1. Correct?
 
Last edited by a moderator:
fast_gc_seeker said:
I dont know about technicality, but I had 3 H1's until now and 2 employers gave the original I-797 approval notice to me.
Click to expand...

That's typically what happened to me too.

Also in countries like India showing of ORIGINAL I-797 is a must for H1B stamping and applying a new H4 visa.
Click to expand...

I've never received a visa stamp so I cannot answer this. However, I'm somewhat puzzled as to why they'd need the original I-797; all the need to do is verify the petition information.

I guess according to what you said above a copy of I-797 is just fine to enter on H1.
Click to expand...

It should be. Your mileage may vary, but I've never had a problem.
 
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