Travel on AP

S

swathy

Registered Users (C)
Friends,
Would you be kind enough to tell me how safe it is to travel to Canada on AP. I have a valid H1-b, but it is not a stamped one. Should I surrender my 1-94(old and new) at the border? How this process woks. I am working on H1 now. So what I should do once I am paroled. Please explain.
I am an October 485. Renewed my AP and EAD for the second time
Thanks
Swathy
 
No need of AP

Hello Swathy,
If your H1B approval is still valid--- if you did not use your AP/EAD ever and it is still unexpired
If you intend to stay less than 30 days in Canada
If you dont apply for US visa while in Canada
If you are not the citizen of state sponsors terrorism


You can reenter Canada without your H1B visa assuming you have previous expired/another category VISA stamp in your passport .

You offcourse need Canadian VISA to enter Canada which is easy to obtain.

This is callled Automatic Revalidation Rule. You can enjoy this and travel the territories and reenter US without valid visa. All you need is the valid I-94 which is attached with your H1b approval.

If you have another I-94 other than the one what you have with your H1b approval, and if that prior I-94 in diffrent category (F1, B1) does not have any value now. Therefore, you can keep it or throw it. If you show that to the IIO at the POE, they will revoke it anyway.





Hope this helps.
 
Last edited by a moderator:
Thanks Sahin. Actually I am back from Canada and am using EAD as I have been paroled into the US.
Should I give a copy of my new I-94 and stamped AP to my employer and attorney? The expiry dates shown in my AP and I-94 are different though. Any problems?Please advise
Swathy
 
Answer

All you ahve to do is to update I-9 with your employer. Coz now you are working on EAD. You have to document that in I-9. Ask your employer to do that.


The diffrence of expiration date of your new I-94 and AP is usual.
Dont worry about this as the way I-94 expiration date you got from POE and you got AP from INS. If you stay beyound that expiration date of your new I-94 in the US, still you are in status coa you are now in adjustee status.



Why did you use AP to reenter from canada, you did not have to if you were on H1B previously. Just havin AP does not nullify your H1b and does not put on payrol.
 
I have a similiar situation with swathy. There are still several questions I am not clear, I hope somebody could give me the answer.

The visa stamped on my passport is still a F1 visa. I applied the AP and EAD during my I-485 application and my AP, EAD are still not expired. Also, I am holding a valid H1 visa. I am not a citizen of state sponsors terrorism


I plan to take a vacation to my country for about 10 days late this January. My co-worker told me I still need to go to the US consular to get a valid H1 visa since the visa stamped on my passport is a F1 and it's already expired.

I don't know if this is true or not. Could anybody tell me the procedure? I remember reading some thread before but couldn't figure it out.

Any information is appreciated and thanks a lot in advance.
 
A person needs a valid visa stamped on the passport to enter USA (infact any country that needs a visa for entry). For USA, it does not matter if it is F, H, B, J or any visa. All that matters is a valid visa stamped on the passport.
If you don't have it, then you got to go the consulate with all the required documents to get the visa. There are couple of other ways to obtain a valid visa (revalidation at St. Louis or at revalidating it at Border Posts - Canada/Mexico)

THE CATCH IS YOU HAVE AP, unlike H1 visa, F1 visas might not have the dual intention' (meaning - intention to be a nonimmigrant and an intention to be an immigrant). So, if you re-enter USA with any other visa it is likely that you would jeopardise your 485. Anyways, your F1 has expired. So you got to come in H1 or use your AP.

Alternatively you could just use your AP to re-enter USA. In this case, you would lose your H1 status, and you would have to maintain your AP and EAD in status till your 485 is approved.


Always, get your clarifications from multiple sources. Talk to your lawyers too. They have usually the latest information.
 
Using AD losing H-1b status?

I am in H-1b status, my F-1 visa has been expired. Now I filed I140/I485/AD together. I am planning to go back home for visit using AD. Since I haven't applied for EAD yet, am I going to loss my H-1 status if I use AD reentry US? What the best way to do it?
Thank you in advance for any response.
Jonelee
 
Yes

As soon as you use AP to reenter you will loose your H1B according to INS. From couple of posts, I saw even though they used AP, they again went back to H1b, however INS cleared this issue lately and mentioned " Using AP nullify your H1B"
 
More information please..

Sahin,

When did INS make a clear statement that " Using AP nullify your H1B"? Can you provide a link to that post by INS? I am planning to use AP with the assumption that it will not nullify my H1B.

Thanks!
 
AP nullify H1

Hello,
Unfortunately, I forgot the link. This is INS release from INS head quarter. Someone posted the link in this forum somewhere. The release was also posted in immihelp.com website. However, I have the actual pdf format release document where INS has FAQ. I also called INS to make it sure, they said the same thing. Therefore, Dont assume that you would have H1 even though you use AP. Some people might enjoying that, but this is not the rule. I cannot attach the document here as the way it is in pdf format. email me at

halakah_reminder@hotmail.com

I will send you.
 
using AP and/or EAD nullifies H 1

AP and EAD are the "benefits" attached to an Adjustee in waiting and use of AP and/or EAD makes you an adjustee waiting for final approval and so you cease to be a non-immigrant and so your H1 B is nullified.

I do not recollect any specific INS clarification but i would suggest that go to ins website and see under Advance Prole / Travel Document .
 
FYI

You are right, and INS made it clear by releasing a document just to clarify this specific issues. I saw in this forum lot of people say this is not true. Remember, Exception is not the rule.

Some people might be thinking I still have H1B after using AP as the way they are working for the same company and never asked by anybody, " Hay, you cannot use your H1B, use your EAD, update the I-9"


People, before make any comment or suggestions you please make sure that this is by law.

Sometimes fact is not law. You will find lot of facts happening against the law, that does not mean you would follow that.


I see this issue "Using AP nullify H1B" has been discissed till death. One group people of people say true, another group of people say not true. Both of them make the comments from the fact not from the INS law.


I have that clear notice from INS HQ where they answered and describe this specific issue. Who likt to make this issue sure, email me , I will email the Release.
 
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