Travel with approved AP but no EAD

A

arvjai

New Member
I have an approved AP but EAD is pending. I need to travel abroad in June-July. My H1 expires in June end and lawyers plan to file an H1 extension in next few weeks. I have the following options :
1. Travel on AP with no EAD
2. Travel on AP with new H1 extension receipt
3. Travel on AP with interim EAD. I do not want to apply for interim EAD unless it is neccessary(if H1 extension receipt works)

Please advise
 
Do not confuse EAD with travel documents. EAD is what it says, Employment Authorization Document.

You can travel on AP while your H1 exension is pending. Once you return, you can continue to be in H1 status. EAD has nothing to to with travel, however if you use EAD for employment, you will need AP to travel since you wil no longer be in H1 status.
 
arvjai,

Been there, done that!

Just got back last month from India, no EAD, but travelled on AP. Took me 5 mins or less to get through secondary inspection at port of entry. Make sure you carry all your AP papers with you.

You might have a slight problem with the airline and immigration at your port of departure. Those people usually don't know what an AP is, so be prepared to explain. I just showed them my H1 which had not expired, since they are more used to seeing H1 than AP. But I entered the country on my AP.

Also take quite a few copies of your AP in case people ask for copies, at NO COST give your AP to anyone other than an Immigration officer at your port of entry!

Good luck and enjoy your trip!
 
Travelling on expired H4 but having a valid AP

Hi 140_takes_4ever

My wife wishes to travel to india next month on a valid AP but a expired H4. I called up the german consulate & they told me that you required a airport transit visa.
Did you travel thru germany?Did you show them your AP? Do they understand what an AP is?

What about AP in india?Do they understand what a AP is used for?

Your feedback will be appreciated

Thanks
 
offdep,

Actually I did not travel through Germany, went the pacific route, which is guess is closed now thanks to SARS. But ping ghost-rider on this German transit visa issue. I think he had some friends who had to get it so he might be able to throw more light on it.

I did read some posts about Indian immigration officers and the airline being a little dense about the AP hence I did not try to clarify matters, instead just flashed my H1 at them. But from the post I read, if you take enough copies, and hand one over to them when they ask for it, talk politely, and explain the issue your wife should be okay.

One case I recollect, was very funny, the person got so frustrated, that he showed them his EAD, and the Indian immigration officer mistook it for an Green Card and lambasted him for not producing it earlier and confusing him with an AP. :)

Conclusion: I think enough people travel on AP for them to have some vague idea, in case your wife has an EAD, ask her to take that along, also a letter from your lawyer explaining that an AP is legal documentation to enter the US. That should cover all bases.

Good luck!
 
I have some information regarding travel on AP:

Last year I told my company's lawyer that I'm going to travel and that I wish to use the AP. My EAD was approved, never arrived and H1 not an option (visa stamp expired, no intentions of waiting in line in front of US Embassy at 4 AM).
Here's what lawyer said: if you work here and wish to travel on AP, you better bring EAD or at least iEAD with you in case the INS officer at the airport asks you if you were employed. You should be able to tell the truth (which is yes) and show proof that you're allowed to work!
It makes sense.
INS officer did not ask me anything after all, but I still felt much better having the EAD with me.

Marko
 
Regarding the transit visa you may wish to explore this site:

http://www.germany-info.org/relaunch/info/consular_services/visa/countrylist.html

Apparently, nationals of India are exempt from airport visa requirement if they hold an unexpired non-resident or resident visa for the United States. I am not entirely sure that AP would qualify as a visa, but logically, it serves as an admission document, just like a visa does. However, since you called a German Consulate and they told you that a transit visa is required (provided that all nuances were explained correctly and they actually understood them), then I'd get a transit visa just to be on the safe side.

On EAD vs AP issue. AP is an admission document while EAD is a permission to work (perhaps, with some restrictions). If you are using AP while previously in H-1B status, technically, your H-1B status effectively terminates and you become a "Parolee" and parolees are requred to furnish an EAD in order to be able to work. However, there is a huge gray area in the law in this regard. Most conservative lawyers suggest that when you enter the country on AP, you must switch your employment from H-1B to EAD immediately. A progressive lawyer would suggest that you are fine as long as you work for the same employer as in your H-1B.
 
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