Travel on AP

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My AP is expiring on 3/28. I have applied for renewal.

I am planning to go to India for 3 weeks in March. Will it be OK if I return by 22 of march. will there be any problems?

I am sure this has been asked before. But want to ask again, incase things have changed since the last post.

What are the document needed at the port of entry

1. AP
2. EAD

Do I need an EVL?
 
It's OK, but risky. What if something is happened with you during travel and you will be not able to return before 3/28

You need only AP, but I would take EAD and EVL with me
 
Shouldn't be a problem as long as you enter the country before your AP expires. Hopefully nothing happens like BA/Air France cancelling flights. But looks like you have 6 days to spare, and can make other arrangements even if there is slight problems on the travel end.

You don't really need your EAD to travel, but having an EVL is not a bad idea.
 
Traveling on AP

Just returned to USA on AP on Feb 15.

The officer asked for the following docs:
- AP doc, of course
- unexpired passport,
- Filled-in I-94 card and customs form (these will be given to you by the airline when returning to USA)

I also turned in the EAD card and my I-797 original copy (i have a valid H1-b notice but no h1-b visa stamp)
It was a pretty much smooth process - i think, over time, the POE officers have become familiar and expert with this sort of cases.

Good to take all pertinent docs just in case. Employment related docs - EVL, company-badge etc
 
for Independent 1971

Hi Independent1971 - quick question - what was you poe - did you have to undergo secondary inspection - where did you fly in from?

thanks.
 
POE

dumbo1974,
I flew from LAX (Los angeles) and my POE was also LAX.

They did one registration during my departure at LAX. Upon arrival, they just checked my docs - AP/Passport/I-94/EAD/I-797. No secondary or primary inspection/registration on return.
 
Independent1971

Thanks Independent1971 - two more quick questions (because you have been so nice :)

1>What does 'registration' when you were leaving LAX mean i.e FP, some more questions? etc...

2>Which airline did you fly?

Thanks.
 
for all ( some exception at few airports ) AP travelers while entering USA they need to go for secondary INS inspection. It is not a big deal. But be prepared with all needed/additional documents including I 485 receipt and I 140 approved copy. Compay ID card( if it is there ) . Ins officer will ask few questions and verifies in his system/database about your I 485 application and AP application numbers and then stamp the I 94 as well as AP.
 
AP travel

Independent1971 - Another quick question - if one travels on AP does that render H1-B redundant - my H-1 visa is valid till 2006 and I want to remain in H-1 status even after travelling on AP.

Any input from forum members is appreciated.

Thanks.
 
If you use your AP, your status changes from H1-B to AOS pending and you are not H1-B anymore. Once your status changes to AOS pending, to work in the US you need an EAD, I assume you have it. So don't use your AP to travel unless you have a valid EAD. BTW, why do you want to use your AP when you have a valid H1 till 2006?
 
if you have valid H1 ,and still you think that there may be problem on H1 you can carry AP with you . While leaving at the airport .no one asked me if I am leaving on AP or H1 and neither any body asked about any paper except I 94 even though I 94 was expired date and 485 is pending. While returning you can use H1 ( here they will take your FP and picture withing 5 to 10 seconds time but no problem ) and if you think there is problem on H1 , you can use AP . ( officer will direct you for secondary INS officer ,no problem. No picture, no FP) and enter .No problem. If you want to keep H1 visa valid then you need to enter on H1 visa.
 
h-1

thanks for your response. i do have my h-1 approval right upto June 2006 - however do not have stamp in passport - this means that when i go to bombay will need to get the stamping done - am going there for only a week - not sure how long it takes to get the stamping done (any idea?).

hence was thinking of using AP - however do not want to lose my h-1 status..

hmm... if anyone knows the process to get h-1 stamp in bombay please do let me know...

thanks.
 
it is easy. Search on web and email them . They will reply. In Dec we did extension of H1 . The main thing is that if your earlier H1 stamping in passport is expired for more than one year then only you will need to go for interview otherwise you can send all papers by Blue dart courier ( authorized by consulate) and they will deliver stamped passsport in 2/ 3 days.
 
Originally posted by needgc123
If you use your AP, your status changes from H1-B to AOS pending and you are not H1-B anymore. Once your status changes to AOS pending, to work in the US you need an EAD, I assume you have it. So don't use your AP to travel unless you have a valid EAD. BTW, why do you want to use your AP when you have a valid H1 till 2006?
Click to expand...

WHOA!!!! HOLD UP Right there. Who ever told you that usage of AP invalidates H1?

Usage of AP has nothing to do with H1/AOS status. It is usage of EAD which shifts your status. FYI, I have entered the US multiple times on AP, and I am still using maintaining my H1 status.

The H1 IS a dual purpose visa. In the sense that you can have both the non-immigrant as well as immigrant status at the same time.

Once you apply for AOS it is ALWAYS better to enter on AP. It is hassle free and ensures your status. Entering on H1 puts the onus of declaring your status on you. YOU have to show your original pending AOS reciept to the immigration officer and make sure that your AOS is not cancelled.
 
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