Reagrding EMERGENCY TRAVEL WITH AP

N

nair_ke

Registered Users (C)
Hello, All.
I have a valid visa till dec'04.
I have applied for EAD/AP/I-140,I-765 through California service center.

I have not got any AP/EAD since 9 months.

My attorney says: since we applied for AP, i canot travel wothout approval of my AP.

Pl. let me know if you have any idea/experiences.
That could be great help for me.

Thanks.
 
Hello, All.
I have a valid visa till Dec ‘04.
I have applied for EAD/AP/I-140,I-765 through California service center.

I have not got any AP/EAD since 9 months.

My attorney says: since we applied for AP, i canot travel wothout approval of my AP.

------ your lawyer is wrong, if you have valid H1B stamp in passport and working on H1 you don’t need AP and can enter on H1 status till Dec 04


Read Below all the links and USCIS has clear guidance and all the MEMOs are still in effect:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
 
Hi,
I think what ginnu was saying is correct. To add to what he said and what I knew from my attorney is if a person applied for AP and he/she leaves US without the approved AP, then the AP application becomes void, i.e. he/she looses all the INS fee and attorney fee heshe spent for filing AP.
 
Originally posted by hay94541
...what I knew from my attorney is if a person applied for AP and he/she leaves US without the approved AP, then the AP application becomes void, i.e. he/she looses all the INS fee and attorney fee he/she spent for filing AP.
Click to expand...

Nonsense. I left the US before my AP was approved, re-entered afterwards and there was no issue whatsoever.
 
TheRealCanadian -

Hi...did you simply crossed the border from U.S. into Canada without surrendering your I-94? Last time I crossed the border into the Province of Quebec, all the Canadian Immigration Inspector told me was "bonjour" and just asked me to wave my passport to her from my car (I didn't even have to get out of my car).

This was also the case coming into the United States through St. Albans, Vermont. The most interesting thing, was that the only official, who inspected me at the border, was an U.S. Custom inspector! Not only was I shocked that it was not an USCIS inspector at the port of entry, but I was even more shocked that all he asked me for, was my driver's license! I had my passport and unexpired H1-b visa ready for submission, too. Mind you, this was done "after" the 9/11, border fiasco.

Were you inspected by an USCIS official upon entry? It seemed to me that border control from Canada was not as rigid as entering from any given airport.

This again, is all based on my assumption that your port of entry was at the Canadian/U.S. border. Please share with us your experience at the border.

Thanks in advance!
 
Originally posted by Japanese
This was also the case coming into the United States through St. Albans, Vermont. The most interesting thing, was that the only official, who inspected me at the border, was an U.S. Custom inspector! Not only was I shocked that it was not an USCIS inspector at the port of entry, but I was even more shocked that all he asked me for, was my driver's license!
Click to expand...

Entry procedures at the smaller Canadian land POEs can be more informal. The fact that you had a Customs officer inspect you is standard, since Customs and Immigration were cross-trained in their basic functions. If you looked normal and non-threatening, then they could just wave you in.

I've heard cases of individuals on a TN (which does not allow re-entry after the I-485 is filed) who were just waved through after being asked their citizenship.

Were you inspected by an USCIS official upon entry? It seemed to me that border control from Canada was not as rigid as entering from any given airport.
Click to expand...

All of my entries recently have been through an airport, either the Toronto PFI (from Canada) or Atlanta Hartsfield (from Europe). The airport POEs and PFIs have reasonably stringent security in that my passport was scanned, I-94s inspected, etc. etc. I am about 99% certain that they've seen my approved I-140 and pending I-485 in the computer, but they've never said a thing about them.
 
I have some questions regading the emergency AP. my wife has to travel out of the country by next month.

applied AP on October 1st.
Notice Date: october 3rd.

still no words yet.I couldnt see anything soon will happen in the near future. I have the following questions regarding eAP

1.If I apply for the emergencey AP e.g, on feb 1st 2004, do I have to leave the country on next day itself. if I travel 2 or 3 weeks after that, will that be a problem at the time of leaving?

2.If I could give a reason of grandfather is serious, what documents do they ask me to produce?

3.I heard somewhere that eAP is valid for only one month. the person has to come back to US within a month. is that true?

4.If eAP is rejected at the local INS office, will it be a problem for the normal AP or delay the normal AP further?

5.Do they ask for any proof letters to show regarding the person is sick at the time of entry using eAP?

I know this is more questions. it looks like everyone is get stuck with this AP...I dont know why INS delay just this travel docuemnt and this is nothing related to do the immigration process?
I dont know what are the other options as of now?

Thanks
 
I have some questions regading the emergency AP. my wife has to travel out of the country by next month.

applied AP on October 1st.
Notice Date: october 3rd.

still no words yet.I couldnt see anything soon will happen in the near future. I have the following questions regarding eAP

1.If I apply for the emergencey AP e.g, on feb 1st 2004, do I have to leave the country on next day itself. if I travel 2 or 3 weeks after that, will that be a problem at the time of leaving?

-- you can leave the country whenever you want to, just get back within the eAP validity period (generally 30 days from the date of application).

2.If I could give a reason of grandfather is serious, what documents do they ask me to produce?

-- doctor's letter, diagnosis, etc. More documentation the better. But it still up to them to grant an eAP. If you have tickets for your travel, show them to the Immigration Officer.

3.I heard somewhere that eAP is valid for only one month. the person has to come back to US within a month. is that true?

-- Generally yes. Make sure you are not even a day late coming back.

4.If eAP is rejected at the local INS office, will it be a problem for the normal AP or delay the normal AP further?

-- don't think so.

5.Do they ask for any proof letters to show regarding the person is sick at the time of entry using eAP?

-- no. as long as you return with a valid eAP.
 
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