travel on AP without employer

G

gckasawal

Registered Users (C)
Gurus,

Here is a situation.

I have been working for a company A for last 4 years. They filed for my GC. I485 no WAC02147xxxxx. I have a valid EAD as well as AP which I have never used as I have been using my H1B status (valid till Jan 2005). My company is closing down and I will be out of job by June end. I have to go to India urgently in the starting june and coming back in mid-july. My question is..

1. Will I be allowed entry, at POE, on using my AP while coming back as I would not have any employer.
2. If I secure a job and get a new offer letter with (start date in mid july) before leaving will it help me. Because I don’t expect to do any AC21 stuff within a week. Should I tell the officer that I am going to join a new company ? Any other letters I should take from this new company.
3. If green card gets approved, looking at the way things are, then my AP is invalid. can I enter at the POE when I show my AP.
4. If I get a new offer and ask the company B to do a premium processing and send over the approved H1B papers to me while I am in my homeland, can I use them for coming back. (My visa is valid as mentioned before). Do I have to get a new visa stamped. ?

All ideas and responses are welcome and greatly appreciated. If u guys have any other ideas let me know.
 
Imho

1. Do not go. Unless absolutely essential avoid leaving the country at this juncture.

2. If 1 is out of window, then talk with your company if they can show you on paper to be employed till your return data. It could be an extended unpaid leave.

3. Otherwise try getting a job now. Its easier said than done, but hey you never know. Another option around is to talk to some desi consultant who can put you on payroll but give you a first one month vacation.

4. Your green card getting approved does not make AP invalid. Not sure where ppl get this, but this is BS. Actually BCIS is not supposed to approve while you are out of country, AP doc clearly says so but of course BCIS always overrides its stmts. AP is a reentry permit which is valid till the date printed on it.

5. Have a job (at least on paper) on hand, while leaving the country. Keep it simple.

(DISCLAIMER: Those are just opinions, do not bet your life on this.)
 
I agree, don't travel unless you really have to.
Consult with your lawyer.
However, if you have a valid AP you should be o.k. I have never been asked to show proof of employment when entering on AP. The valid AP is sufficient.
Nevertheless, please consult with your lawyer. Since you are out of a job this may be complicating matters.

Good luck
 
thanks guys,
very informative replies..

I have got an offer from another company. I will get an offer letter from them in a couple of days. But the joining date is after I come back form India. Can changing the dates help me. What document should I take from them other than the offer letter so that I am allowed back.

I am sure if I use AP while coming back the office will ask me why I am not using H1B if I have been using it till date and its valid.. what should I tell him in that case..

Thanks again
 
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