serious issue

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redhead

Registered Users (C)
Hi Gurus:

I need an expert opinion here. I am on EB1-EA, RD 11/28/01.
I lost my job in Nov 2002. I have got a renewed AP which is valid till Jan 2004. I am going through an interview process for a job. The job will be in NYC. Part of the interview process, I have to go to Germany to meet the board members. My lawyer suggests that I should not travel. (my H1 was valid till 2004). My intention was to travel on H1 but it will be considered an immigration fraud. My issue is : Can I travel on Advance Parole. Will I face problem at the port of entry when coming back.
what should be my strategy.
 
Originally posted by redhead
Hi Gurus:

I need an expert opinion here. I am on EB1-EA, RD 11/28/01.
I lost my job in Nov 2002. I have got a renewed AP which is valid till Jan 2004. I am going through an interview process for a job. The job will be in NYC. Part of the interview process, I have to go to Germany to meet the board members. My lawyer suggests that I should not travel. (my H1 was valid till 2004). My intention was to travel on H1 but it will be considered an immigration fraud. My issue is : Can I travel on Advance Parole. Will I face problem at the port of entry when coming back.
what should be my strategy.
Click to expand...

No, your H1B was only valid until Nov 2002, the day you lost your job.

Since your lawyer is familiar with all the facts of your case, it is in your best interest to heed his advice.

Brian
 
I agree with Brian - your lawyer knows your case and you should definetly follow his advice. You might want to ask him why he thinks that international travel is a bad idea.
Just FYI : AP is tricky. All AP holders go through secondary inspection which means that their immigration past may scrutinized at POE. Prior immigration vilolations may become a problem - for example see INS Foreign Travel Advisory http://www.ins.gov/graphics/publicaffairs/advisories/02.11insissu.htm . Normally lawyers don't recommend AP travel unless your immigration situation is impecable.
Oh, and - as Brian pointer out - H1B is not an option for you, because it became invalid immediately when you lost your job. Uisng H1B would mean seriously jeopardizing your GC processing.
Good luck
 
Thanks guys:

FYI, the lawyer's argument is: I will be asked the name of employer at POE. At that time, I cannot use the old employer's name as it will be construed an immigration fraud. Since I am on EB1-EA, I do not need a specific employer for the case to pursue and I could demonstrate that my travel abroad was related for a future job. But I will be putting too much discretion in the hand of POE officer--- not a great idea. And for some reason if he denies me entry then i will not be even in a position to appeal.

what a bloody loss! a great job slipping away due to immigration complexity.
 
redhead,
I don't think there should be any problem with AP. First of all for EB1-EA job is not a requirement, you have to show that if your status is changed to permanent resident then you will continue to work in the same field. Though during the process of adjustment you may get RFE in this regard but it looks little unreasonable that at the POE immigration officer will ask for the evidence. However, if in past you was ever out of status then ofcourse you may be in trouble, because this information may be in their system. One more thing, in your kind of situation you can also tell them that you are self employed (in the same field).
 
Originally posted by subhap
One more thing, in your kind of situation you can also tell them that you are self employed (in the same field).
Click to expand...

Lying to the INS at the POE...that's smart. Listen to your lawyer, redhead. Don't rely on the advice you get on the internet.

Brian
 
Yeah, I definetely agree with leroythelion - ask your company for alternatives - maybe video/phone conferencing. If they want you, that should be OK with that.
These are troubled times. INS officers - especially at POEs - maybe quite paranoid and some of them don't fully understand minor details of immigration laws. The also have quite a bit of power over you because US laws don't really apply to you until you are in the US ( which means you have to be oficially "admitted" ) Your lawyer is right - if your immigration situation is not impecable, there's always a danger that you maybe denied entry.
Of course you can always take the plunge - theoretically your situation if fully legal - but beware. If in doubt, ask for second opinion ( I mean another professional immigration lawyer )
Good luck
 
Thanks Guys,

my gut feeling was similar to Brian. I have an impeccable immigration history and i did not want to do anything to smear it. I decided not to go to Germany and requested them for alternative ways of conducting it further if they are still interested. They have decided to do it through video conferencing.

I know I am losing a point by not being there in person (one should never loose out a chance to meet the board members of multi-national firms in person) but at least I am still in race. and I need the best of luck from you guys.
 
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