Traveling on AP: Please help!

E

Endless_Wait

Registered Users (C)
Dear experienced guys,

Need your opinion.

I am all planned to travel next week to India and i was assuming that my AP document will be sufficient for me to enter back after couple of weeks of stay outside. But now i have a BIG doubt. I won't have my H1B stamped on my passport!!! Even though i have H1B petition approved untill Nov'06, that won't be of any use unless it is stamped on the passport. And i cannot get it stamped because the i cannot get the appointment untill next two months. The appointment is atleast 2 months after the date i ask for.
--
Guys, please advice me that do i need the H1B stamped? or just he AP document is sufficient? Is there any thing else i need to worry about?
--
I am suddenly very worried now. I am very reluctant to ask my company attorney becuase the whole company scenario is pathetic. I'll have to go through approvals to ask even this question.
--
Here are my details
--
EB2
I140: ND 8-NOV-04, (RFE ability to Pay in Jan'05), AD: 23-MAR-05
I485: ND 8-NOV-04, (RFE on proof of emplyment on May24, replied on Jun17)
EAD, AP approved somewhere in Dec'04
--
 
Last edited by a moderator:
Endless_Wait said:
Dear experienced guys,

Need your opinion.

I am all planned to travel to India next week and i was assuming that my AP document will be sufficient for me to enter back after couple of weeks of stay outside.
------------------Yes, you CAN
But now i have a BIG doubt. I won't have my H1B stamped on my passport!!! Even though i have H1B petition approved untill Nov'06, that won't be of any use unless it is stamped on the passport. And i cannot get it stamped because the i cannot get the appointment untill next two months. The appointment is atleast 2 months after the date i ask for.
--
Guys, please advice me that do i need the H1B stamped? or just he AP document is sufficient? Is there any thing else i need to worry about?
--------------- you CAN enter US with Valid AP and still be on H1 status if your are working with the same employer who filed your latest H1 and can also file extensions
I am suddenly very worried now. I am very reluctant to ask my company attorney becuase the whole company scenario is pathetic. I'll have to go through approvals to ask even this question.
--------------------------nothing to worry you CAN come with valid AP to US
Here are my details
--
EB2
I140: ND 8-NOV-04, (RFE ability to Pay in Jan'05), AD: 23-MAR-05
I485: ND 8-NOV-04, (RFE on proof of emplyment on May24, replied on Jun17)
EAD, AP approved somewhere in Dec'04
--
Click to expand...
-------------- if your I-485 gets approved while you are out of US you can still come to US with valid AP
 
Endless_Wait said:
Dear experienced guys,

Need your opinion.

I am all planned to travel next week to India and i was assuming that my AP document will be sufficient for me to enter back after couple of weeks of stay outside. But now i have a BIG doubt. I won't have my H1B stamped on my passport!!! Even though i have H1B petition approved untill Nov'06, that won't be of any use unless it is stamped on the passport. And i cannot get it stamped because the i cannot get the appointment untill next two months. The appointment is atleast 2 months after the date i ask for.
--
Guys, please advice me that do i need the H1B stamped? or just he AP document is sufficient? Is there any thing else i need to worry about?
--
I am suddenly very worried now. I am very reluctant to ask my company attorney becuase the whole company scenario is pathetic. I'll have to go through approvals to ask even this question.
--
Here are my details
--
EB2
I140: ND 8-NOV-04, (RFE ability to Pay in Jan'05), AD: 23-MAR-05
I485: ND 8-NOV-04, (RFE on proof of emplyment on May24, replied on Jun17)
EAD, AP approved somewhere in Dec'04
--
Click to expand...

As far as I understand, you can go out and return in AP. When you come in, you would become a parolee. You would need secondary inspection at POE, but you don't necessarily need to have your H1 stamped if you have AP. I think you should be OK. Perhaps one of the other Gurus may want to give you some more feedback.
-------------------------------
Note: I am one of you. I am not a lawyer.
 
dewey_daniel said:
As far as I understand, you can go out and return in AP. When you come in, you would become a parolee. You would need secondary inspection at POE, but you don't necessarily need to have your H1 stamped if you have AP. I think you should be OK. Perhaps one of the other Gurus may want to give you some more feedback.
-------------------------------
Note: I am one of you. I am not a lawyer.
Click to expand...


You WILL BE FINE. No need for H1 visa. AP allows you to travel, you will be admitted into this country as a parolee
 
I travelled on Advance Parole. My H1 had expired just a week before I travelled. All I showed while re-entering US was my passport, the Advance Parole Document and a new I-94 (the White-Colored one I filled in the aircraft before landing). Nothing more at all.

If it is the first time you are travelling on Advance Parole, they would, I assume verify the A# and things of that nature. I was asked when I was re-entering if it's the first time I was using Advance Parole. When I replied in the affirmative they asked me to wait and did verify some thing on their computers and then allowed me to go.

Since you seem to have the RFE bit on your I 485, I suggest you carry separately documents relevant to that.
 
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