Travel on AP with I 485 pending

I wanted to post a quick update about this topic.
I was not able to obtain a date at an Indian consulate to get my H1B stamped during my short vacation time. I therefore have to use myAP, linked to my EB2 NIW application.
I spoke with my immigration lawyer who stated that though I enter the country on AP I will still maintain H1 B status and would be eligible to keep applying for H1B extensions. My international office concurred with this interpretation.
I therefore will use the AP to re enter. Does any one have any experience about entering as a parollee. What documents would you recommend that I carry? I plan to take the I131, the H1 I797 and the I140 approval notice.
 
ebebeb1 said:
I wanted to post a quick update about this topic.
I was not able to obtain a date at an Indian consulate to get my H1B stamped during my short vacation time. I therefore have to use myAP, linked to my EB2 NIW application.
I spoke with my immigration lawyer who stated that though I enter the country on AP I will still maintain H1 B status and would be eligible to keep applying for H1B extensions. My international office concurred with this interpretation.
I therefore will use the AP to re enter. Does any one have any experience about entering as a parollee. What documents would you recommend that I carry? I plan to take the I131, the H1 I797 and the I140 approval notice.
Click to expand...

Carry your original I-485 Receipt notice. My lawyer advised me to do that although the IO didn't ask for it.
If you are going to India then carry few photocpies of your AP because Airline may ask for it. It happened to my friend. Then Airline staff went somewhere to make a copy and didn't come for about 45 minutes and my froend was tense- "What if staff lose the AP". So carry a photo copy.
 
ebebeb1 said:
I wanted to post a quick update about this topic.
I was not able to obtain a date at an Indian consulate to get my H1B stamped during my short vacation time. I therefore have to use myAP, linked to my EB2 NIW application.
I spoke with my immigration lawyer who stated that though I enter the country on AP I will still maintain H1 B status and would be eligible to keep applying for H1B extensions. My international office concurred with this interpretation.
I therefore will use the AP to re enter. Does any one have any experience about entering as a parollee. What documents would you recommend that I carry? I plan to take the I131, the H1 I797 and the I140 approval notice.
Click to expand...
Make sure that you have your ORIGINAL I-485 receipt notice along with the EAD card and H1B approval notice.

Again, as mentioned many times in this post and rama said, this H1b-AP issue is very confusing. Nobody knows what is right for sure and the memo says if you are entering on AP you are eligible for H1B extension. does this mean your current H1B no longer valid and you should refile for an extension prior to restart working? it does not say anywhere clearly that you can still reuse the current H1B. That's why I think getting the stamp is the best bet. There is no confusion there. The consulate generally keeps some slots for emergency. Can you not try to get a slot like that showing some letter from your university?

again, I did not want to create any confusions for you. I had to go through the same and our company lawyer recommended getting a stamp or working on EAD after coming back on AP and this is a big lawfirm and working for a huge multinational company.
 
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Hello

I can remember these things BEFORE YOU TRAVEL

1) your AP (how many copies did you get?) and a copy of it.
2) your EAD card ( for some they asked to show EAD card) and a copy of it.
3) your H1 approval notice ( in case if you wan to go for stamping - like emergency slot) and a copy of it.
4) All the necessary documents for stamping, again relating to point 3, like TAX, pay stubs etc.

please fill if I missed any.

Good luck, act according to the legal advice you get and document all the advice you get.

Rama
 
Physicians who are doing J 1 waiver are on HI b visa. They have to maintain H1 B status for THREE years to fulfil waiver obligation.

FOr many countries, the back ground checks are still as long as 6 months, after you apply for H1B stamp at US consulate.

My colleague, while in 2nd year of J1 waiver, went to Canada for H1B stamp before going to home country. They told him that he will need background check and clearance and told him that he will be informed when it is cleared. They gave him passport back. He had AP (based on NIW). he came back to US and started working again. When background clearance was issued afte 3 months, he went back to Canada and got his H!B stamped. On returning to US, he produced his new H1-B stamp. The immigration officer at airport refused to enter him on H1B visa- he said that he is on AP and should enter US on AP. The officer refused to listen to him, and even his lawyer who luckily called the airport office(J PedErson). Finally, he had to enter US on AP.

Then, he again left US and went to home country. On return this time, he again showed H1B stamp/passport and entered without any problems.

His lawyer urged him that, in order to fnish his 3 year Jwaiver obligation, he must maintain H1B status for 3 years.

What I learned from this is that, when you enter on AP, the H1B status is voided.
 
I initially posted this question. Let me share with you my experience.
I did not get an appointment date at the Consulate during my visit to India and therefore had to re enter on AP. At the airport I was taken to Passport Control where I handed in a copy of my AP. The CBP agent then asked me who was my sponsor (I said I was the sponsor), she looked dubiously at the NIW approval, asked where I worked and then asked me to sit down.
After a few minutes she gave me back my passport and had stamped the AP and placed the I 94 card in my passport. I asked her "do I need to show you the H1B I797" and she said no, you re not H1B now.
However my International Office has told me that per the Cronin memorandum I am still H1B status. They DID NOT advise me to change my I9.
My lawyer however said she needs to file paperwork to get me back to H1B. I am moving employers in the next three months and when my new employers heard that my exisiting employer had told me that I am still on H1, they agreed to file an extension.
I did not want to go on EAD as if the EAD renewal is delayed I wont be able to work while the H1B allows you to work with just a receipt.
CBP agents however are not well informed about these things: one prior time they disputed the fact that I could work on an H1B receipt saying "we decide when you can work"
Any comments again from anyone here
 
This will serve as a very important guide for future travelers since there are lot of good comments and suggestions. Can we make a sticky? for future reference?
 
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