Travelling to India

tal123

Please give correct advice or put a disclamier like me :)
To travel on AP usually you should carry the following:
1) Copy of 485 receipt.
2) EAD
3) Copy of AP which might be given at Indian emmigration.
4) If you are going for more than 2 weeks , a letter from your emplyer stating that you are going on vacation and will resume employment once you come back/ something to show you are currently employed.
I have used AP twice and have never had to show anything else except the AP, but this is what my lawyer always makes me carry.
 
Gambler

But my current EAD will expire feb 2 2004 and i applied for renewal. More over i am working on hourly basis with different employer . it will end dec. in that case if i travel to india what is my source . I have FT offer i have to join in jan 2004


what are the best options. My spouse had PERM job .
 
canus_immi

If your wife is the primary applicant then you can take the documentation for your wife.
If you are the primary take your pay stubs, Last W-2, letter from current and future offer letter from employer. Also, take the copy for receipt of EAD.
Usually they never ask for any documentation but you never know.
 
If you are going on AP then you only need valid passport and AP , nothing else. If you want something more than you may take 485 receipt, that's it.

Other documents stated by Gambler, are required only when you are on H1B and utilizing that visa to reenter into US. Then you need to proof that you are still working for the same company !!

But there is no harm if you carry any number of documents if you like, but nobody cares for that at POE !

Hope this helps !!
 
does any one know how they indentify at port of entry if some one is out of status ? especially guy is using AP to return ?
 
Facts

- I have H1B from Company A valid till Sep 2004.

- My GC was applied through Company B who was my originaly employer. 485 along with EAD application was filed in Sep 2003. 140 is already approved.

- I plan to take up a parttime job based on the EAD.

Situation:

- I need to travel to India in Jul/Aug 2004.
- I will be coming back in mid August 2004.

Questions:

A) Do I need AP or can I travel on my H1B. The lawyer suggests this option saying that since my H1B is valid, I do not need an AP.

B) Would it make any difference if I didnt take up a job using my EAD or just the fact of having received the EAD makes my H1B invalid?

C) I have not yet received my EAD or FP notice. How long before I get my EAD, also, when approximately would I get the FP notice?

D) Lastly, :-), I was reading on some thread that cases are being transferred to local offices. What does that mean?

Thanks.
Ramesh.
 
Last edited by a moderator:
Thanks for all the replies.

So I suppose the best course of action is to apply for the AP.
That way, I can start working if I want to. and also, if for some reason I need to overstay in India, I can.

And also, when I return, the immigration officer wont get confused about my H1B expiring withing 4weeks, and when he checks in his computers, he will definitely see that I have applied for I485 from another company and the H1B is from another company, so more questions.

I suppose they all would be avoided by taking an AP? Right?

Thanks,
Ramesh
 
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