regd travel to India

[rpaul]

Hi,

I have my AP and EAD approved from my previous employer and its still valid. I left previous company and joined new company and I have the h1b visa also approved from my new employer as well but its not stamped on my passport.

I am traveling to India next week on Jan 18 2009. my question is:

Q1. Can I use AP to enter US? and if yes what are the documents reqd with AP approval at the time of entry to US?.
Q2. Do immigration office ask any question if use AP to enter US?
Q2. If I use AP then my H1b will still be valid?.


Please help.

Thanks

 

[immi_mygc]

Hi,

I have my AP and EAD approved from my previous employer and its still valid. I left previous company and joined new company and I have the h1b visa also approved from my new employer as well but its not stamped on my passport.

I am traveling to India next week on Jan 18 2009. my question is:

Q1. Can I use AP to enter US? and if yes what are the documents reqd with AP approval at the time of entry to US?.
Q2. Do immigration office ask any question if use AP to enter US?
Q2. If I use AP then my H1b will still be valid?.


Please help.

Thanks

#1 You can use AP to reenter.
#2 Immigration officer may ask you few simple questions to cross check you. Such as what is ur SSN number or mother & fatehr name and current employer etc.
#3 I think you can still continue the H1 but better check with your current company lawyer.

 

[rpaul]

Thanks for the reply.

Q1. I have not used AC21 to inform immigration about my employer change.

Will that affect my AP to enter US.? If ask by about my employer by immigration office then what should I say about my employer. should I say my old employer name or new employer name?.

 

[mmed]

Thanks for the reply.

Q1. I have not used AC21 to inform immigration about my employer change.

Will that affect my AP to enter US.? If ask by about my employer by immigration office then what should I say about my employer. should I say my old employer name or new employer name?.

In your case to re-enter the US you need valid passport, valid AP and your I485 is still in the pending status (or approved while you are overseas) in the return day. The immigration officer at the POE has nothing to do with AC21 and may not aware what it means to start with.
Your point may be: I did not use AC21 when I moved, could anything happen to my pending I485 which may affect my reentry? The answer is yes. The immigration may send RFE because you moved to another job. And if you are not lucky enough this RFE may show up during your stretched overseas travel and obviously you will not respond in time fashion and ultimately this may lead to adverse effects to your pending I485 (to the extent of denial) which is the piece of document which make your AP alive till its expiration date. If you are going in short visit (2-3 weeks), just go.

 

[jk0274]

Q2. If I use AP then my H1b will still be valid?.

In addition to the responses above, you should be aware that you will no longer be in H-1B status if you are paroled into the US. If your most recent H-1B approval notice is still valid, and you were in H-1B status before you left the US, then you are allowed to continue to work for your same H-1B sponsor without EAD when you return. But your actual immigration status will not be H-1B, you will be a parolee. If you extend your H-1B papers when the time comes, and the extension is approved, then your H-1B status will be reinstated.

 

[rpaul]

I am working with my new employer on H1b and its valid till 2010 and I have approved AP and EAD as well.

So If I use AP to enter US, I will be parolle and no more on H1b status but I can still work with my employer.

Q1. So can i transfer my h1b to another company if i change my employer? Is is possible.