Questions on AP

I wonder what's the best option for someone in my situation? I went down to Mexico for my 8th year H1-B visa stamping which was not stamped the same day. Fortunately I was allowed to re-enter the US by the border immigration officer who also returned my original I-94 back when re-entering. It's been 3 months now and I'm still waiting for my name check clearance call from the US consulate (I stopped calling them myself a few weeks back).

I already have confirmed travel plans for November 23rd. I also filed for my AOS last week and am hoping to get my AP within the next 3 months. My attorney suggested that if do not get the H-1B call before then, and my AP comes in, it should not be any issue using the AP to travel abroad nor will it affect my H-1B status. Can someone corroborate this?

Thanks for any info.

Jawad
 
mamamiax said:
Last week I travelled on AP to germany and Russia, while going no one asked me anything.. even in Russia they where happy to welcome to their country.
While coming back just shown the AP and and that was fine with them. While I came to DC asked to stmap the AP at the secondary review area. Lot of people.. some of the officers rude.. may be they are too tired :) I was wondering how do I get out of this place looking at the number of people waiting.. but one of the officers came to me asked me if I have an AP. He just took one copy of the AP went to the counter.. stamped and told me "Sir.. you are all set you can go". The whole process took less than a min. I believe they have other security check for the passengers from the middle east approx 100 people waiting,tired,sad faces with small kids.. I felt bad for those kids.. what to do .. we need to follow the law of the land..
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I too faced similar kind of officers and big lines in AP counter:mad: . I think the officers are stressed too much by various type of immigrants using AP. They do clearly see the difference once they got your paper in hand and do let you pass as quickly as possible. :D I observed this trend in both LAX and SFO and do not know about other airports.

It will be useful, if other people who used AP shared their travelling experiance to the benefit of others.

Thanks
 
jwdkhan said:
I wonder what's the best option for someone in my situation? I went down to Mexico for my 8th year H1-B visa stamping which was not stamped the same day. Fortunately I was allowed to re-enter the US by the border immigration officer who also returned my original I-94 back when re-entering. It's been 3 months now and I'm still waiting for my name check clearance call from the US consulate (I stopped calling them myself a few weeks back).

I already have confirmed travel plans for November 23rd. I also filed for my AOS last week and am hoping to get my AP within the next 3 months. My attorney suggested that if do not get the H-1B call before then, and my AP comes in, it should not be any issue using the AP to travel abroad nor will it affect my H-1B status. Can someone corroborate this?

Thanks for any info.

Jawad
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I think that you have enough time to receive AP before your travel and hope that you will be receiving them in time :) You can also schedule an Infopass appointment with the local INS office 15 days before your schedule journey, if you still don't get your AP to see where things stands.

Thanks
 
What is INFOPASS?

nlssubbu said:
I think that you have enough time to receive AP before your travel and hope that you will be receiving them in time :) You can also schedule an Infopass appointment with the local INS office 15 days before your schedule journey, if you still don't get your AP to see where things stands.

Thanks
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What is INFOPASS and how does one schedule an appointment. I am in a similar situation. I have my neice's wedding that I need to go to in India in January 2008. I submitted my I-485 along with the AP/EAD papers. What can I expect for the turnaround time. Should I go ahead and book airlines etc and then can I contact INFOPASS. How do you do this?
 
EAD applied - AP not yet applied

I filed the I-485 along with EAD on July 17th. However, I did not file AP. I currently am on the 4th year of H1B (valid through 2010). I have not yet received a receipt for the I-485/EAD.

I would like to travel outside the country early next year and have a few questions regarding my situation:

1) Can I file AP without having received the I-485 receipt?
2) If I do file AP, will I have to pay the new or the old USCIS filing fee?
3) If I don't plan to use EAD from now until after I return from my trip, can I choose to reenter the US on AP instead of H1B? (I don't have the renewed H1B visa stamp in my passport and would prefer not to go to a US embassy for the visa stamp)

Your input will be much appreciated. Thanks!
 
reedandbamboo said:
I would like to travel outside the country early next year and have a few questions regarding my situation:

1) Can I file AP without having received the I-485 receipt?
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No, unless you filed for the AP together with the I-485.
2) If I do file AP, will I have to pay the new or the old USCIS filing fee?
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If you paid the new $1000+ fee for the I-485, AP is free. Otherwise you have to pay the new fee for the AP.
3) If I don't plan to use EAD from now until after I return from my trip, can I choose to reenter the US on AP instead of H1B? (I don't have the renewed H1B visa stamp in my passport and would prefer not to go to a US embassy for the visa stamp)
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If you will use the EAD upon returning from the trip, there is no problem with returning with AP. But if you want to resume H1B status after entering via Advance Parole, there is a bit of controversy around that. Other forum members should have something more to say about this.
 
nlssubbu said:
I think that you have enough time to receive AP before your travel and hope that you will be receiving them in time :) You can also schedule an Infopass appointment with the local INS office 15 days before your schedule journey, if you still don't get your AP to see where things stands.

Thanks
Click to expand...

Thanks for your reply and the InfoPass suggestion. Receiving the AP in time before I leave will be a blessing - based on my last experience I would prefer not to go down to the US consulate even if my name check clears.

With regards to the last few posts, I too was under the impression that entering on AP without an H1-B stamp will not jeopardize one's H1 status. My attorney suggested that would happen only if we were to use our EAD cards. As a poster mentioned earlier, if you continue to renew your H1-B, your status remains the same even if using AP. Perhaps someone who has gone through this personally can confirm.

Thanks,

Jawad
 
Thanks Jackolantern! Since I'm not sure when the receipt will arrive, I better make arrangements for the H1B stamp anyway.
 
jwdkhan said:
Thanks for your reply and the InfoPass suggestion. Receiving the AP in time before I leave will be a blessing - based on my last experience I would prefer not to go down to the US consulate even if my name check clears.

With regards to the last few posts, I too was under the impression that entering on AP without an H1-B stamp will not jeopardize one's H1 status. My attorney suggested that would happen only if we were to use our EAD cards. As a poster mentioned earlier, if you continue to renew your H1-B, your status remains the same even if using AP. Perhaps someone who has gone through this personally can confirm.

Thanks,

Jawad
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There are two things to consider to continue on H1B after entering AP.

1. I-9 document which you submit to your employer should have information of H1B, not EAD.
2. Renew your H1B / H4 as and when it is nearing expiry to keep it extended.

I did the same and retined my H1B till the GC got approved. [My H1B is still valid till 2010, but after GC approval it is no longer valid :cool: ]

Thanks
 
jwdkhan said:
Thanks for your reply and the InfoPass suggestion. Receiving the AP in time before I leave will be a blessing - based on my last experience I would prefer not to go down to the US consulate even if my name check clears.

With regards to the last few posts, I too was under the impression that entering on AP without an H1-B stamp will not jeopardize one's H1 status. My attorney suggested that would happen only if we were to use our EAD cards. As a poster mentioned earlier, if you continue to renew your H1-B, your status remains the same even if using AP. Perhaps someone who has gone through this personally can confirm.

Thanks,

Jawad
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Hi Jawad,

What was your experience with H1 stamping ?
 
atyagi73 said:
Hi Jawad,

What was your experience with H1 stamping ?
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Atyagi, sorry for the late reply, I had not checked this thread for a few days. My H1-B visa stamping experience was not a very positive one. I have the whole incident documented under another thread, please visit the name check survivor link in my signature.

Incidently, I got a call from the US Consulate today morning saying my visa had been issued. I was asked to FedEx my passport to them to have it stamped. I'll add this to the same thread for others to read also.

So now I don't have to wait for my AP to travel in November and I also don't have to go down to Mexico again just to get my passport stamped. This has been a good month :D.

Jawad
 
when entering on AP

Hi ,

Can someone answer this. When entering on AP do you get a new I -94 also.

thanks
 
Jackolantern said:
Yes, use the H1 if it is still valid (you haven't invalidated it by using EAD to work for another company). .
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actually even if you have used EAD to work for some other employer, at the port-of-entry you can still enter on H1. your status now becomes H1, and you need to fill out a new I-9 with your employer/H1-sponsor (you cant work for anyone else now). My lawyer suggested this as a way to come back from EAD to H1 (long story as to why I would want to do that)
 
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