Travel before AP gets Approved

P

pungaa

Registered Users (C)
I applied for AP and EAD but had to leave 5 days before my AP got Approved. I do have a Valid H1 but the Visa Stamp has expired and the earliest appointment i can get for a Stamp is 23 March.

Is there any way i can come back to the US on my AP instead of H1 Visa.
 
I don't see any reason why not. I don't think that the immigration officer will sit down and match your departure date and your AP approval date. as long as you have the physical APs in your hand you're good to go.....

yorkosa
 
has soemone done this

Thanks for your reply, i am hoping that someone who has been in similar situation as me has done this before
 
It's ok, because last Christmas I used my H/L visa to come back before my AP and EAD approval. Anyway, even I have the AP I will still use my visa stamp to re-entry
 
So you did travel on H1. My case is the opposite i want to travel on AP. But my lawyer says i cant because i left before i get the approval. Can anybody confirm what my lawyer is saying.
 
I am in the same boat,my AP may not be approved before I need to leave for India & my understanding is that one should not leave us before AP approval if one is planning to use AP for reentry.
 
pungaa said:
So you did travel on H1. My case is the opposite i want to travel on AP. But my lawyer says i cant because i left before i get the approval. Can anybody confirm what my lawyer is saying.
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Your lawyer is right. The officer will get the departure date from the I-94 which they collected when you left the country and if the date is before the AP approval date he/she may deny entry.
 
yorkosa said:
I don't see any reason why not. I don't think that the immigration officer will sit down and match your departure date and your AP approval date. as long as you have the physical APs in your hand you're good to go.....
---------------He doesnt have to do anything but enter the A# from the AP which will list the last departure date and he can then deny entry.
yorkosa
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I have First AP and traving outside US and applied second AP

I have first AP and it is valid before I will come back to US. I also applied renewal of AP before leaving USA. If I will be outside of USA and second AP will approve . Can I come back in USA on First AP.

Thanks,
 
I am in a situation where I have a green card but my wife's I-485 is still pending. She left USA when her AP was pending and later I found about this rule. I consulted some immigration attroneys and according to them, it is not a big problem.

All immigration laws about Advance parole/re-entry permit etc. are defind in 8CFR 223.1, 223.2, 223.3 and this doesn't talk any such limitation. So as per code book which every attorney refers no law has been violated. Now going to such rule, this is a travel advisory published by USCIS which was triggered by US-VISIT system. US-VISIT system was implemented in late 2003/early 2004 which focuses on both Entry and Exit procedure. If you read travel advisory it says if Person leaves country when AP is pending, he/she may be denied entry into usa and 485 may be abandoned (Read carefully word "MAY", it is not MUST).

So it all depends on case-to-case, country of citizenship for person, officer at POE and other circumstances. Bottomline is "It is not worth to take such a risk. To avoid any hassle and tension, get AP approved before you leave the country"
 
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