Got back 2 days ago using AP
mfe,
I entered SFO 2 days back using AP. My H1 visa had expired (even though my H is still valid). I was also having concerns when I left the country, but here's a brief recap of my journey which should hopefully help to put your worries at ease.
I left with following documents on me:
- Passport
- 2 originals of AP
- 485 receipt
- H approval doc
- Employment verification letters
- Last 2 paystubs
- Copies of AP, 485, and H.
In India:
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- Singapore Airlines counter personnel asked me that I did not have any visa. I told them that I am travelling on AP. They knew about AP and asked me for the AP document and the EAD card. I showed them a COPY of the AP (not the original) and the EAD card. They took couple of minutes to review it, made copy of the copy of the AP, and allowed me to proceed.
- Similar thing happened at the immigration counter as well. Here, however, the officer asked me to present the original AP. You *must* take care NOT to leave any of the originals (I had 2) with the Indian authorities. The officer looked at it for a minute, stamped my passport, and then let me go.
In transit (at Singapore and Seoul):
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Both places I had to show the original AP when asked about "no visa". Once again, take care not to leave any originals with the authorities at transit airports -- you can let them have copies, if they ask (I didn't have to leave any copies either).
At USA:
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Went to the visa holders line (because I am not a citizen or a permanent resident yet). You would be required to present your passport, the new white I-94 that you fill on the plane, the AP original document. Btw, I had left the visa number and date/place of visa issue BLANK in the I-94 (because I didn't have a valid visa stamp). I told the officer about it. He said it was okay. He entered some information in the computer, and then asked me to go to the secondary inspection room.
Inside the secondary inspection room, I had to present my passport, I-94, and AP orig document. In here, the official asked me to show the 485 receipt as well, which I did. They asked me to wait, and then took about 5 mins to do whatever they needed to do, and then gave everything back to me. They stamped the AP document, the passport, and the I-94. Couple of things to note is:
- Make sure that your A#, WAC# etc are correctly noted down in every document, including the I-94.
- I got paroled in until the date of expiration (Apr 2003) of my AP document (instead of a year from the date of entry). I asked the officer about it, and he told me that they used to parole in for a year, but not anymore. He also mentioned, in case I need to travel again after April, I would need to obtain new AP.
- The officer DID NOT keep any original document with him. He simply made a copy of the original AP for his records. I did ask him if they were required to keep the other original, and he said no. In fact, I spoke to my lawyer about it as well, and she said that the immigration people should not keep any original, because in case I need to travel again before April, I could use the other (unstamped) original.
Hope this helps.
_this