Urgent help needed regarding AP

C

canttakemore

Registered Users (C)
hi,

My 485 is pending since 8 months now. I have an AP and EAD and am working on EAD. But I had to chang job before 180 days because my old company closed. I am travelling to mexico this weekend. When i return on AP, can they deny me entry ? What if they tell me that you cannot change jobs before 180 days ? What should i tell them at port of entry?

I have not filed my AC21 letter so far.

Please reply urgently.

CTM.
 
If you have a valid AP you should not be having any problems during reentry. I dont think there is a way for a POE officer to check ur employment status. Check w/ your lawyer!

by canttakemore
My 485 is pending since 8 months now. I have an AP and EAD and am working on EAD. But I had to chang job before 180 days because my old company closed. I am travelling to mexico this weekend. When i return on AP, can they deny me entry ? What if they tell me that you cannot change jobs before 180 days ? What should i tell them at port of entry?
Click to expand...
 
what do u mean by no way of verifyign employment. He may ask me to show EVL or recent pay stubs !!!! Or he may ask me who is my sponsoring employer ????
 
The immigration guys at the airport don't ask for EVL or paystubs. They only want to see your AP, nothing else. In rare cases they ask if you're employed, in which case you'll say yes and you'll have your valid EAD ready to show. But again, in 90% of cases AP is enough. Don't worry about EVL and paystubs, they _won't_ ask.
 
I have used AP several times. Never been asked any question. They just wanted to see AP and passport.

But, carry relevant documents with you (whatever you have). And, never lie if you are asked any question.
 
Carry your EVL, and as goodsaint mentioned DON'T LIE! There is no reason why you should be denied entry on AP. Leaving a company before 180 days is not due cause for denial of entry. If and only if INS has been notified by the company you used to work for that it has shut down and that you are no longer working for them can you be denied entry and that too if that! Since the company shut down, you had good reason to leave and get another job.

So no reason to worry, enjoy your trip, and don't load up too much on the tequila that you can't speak to the immigration officer straight! :)

Have a safe trip and let us know when you get back!
 
Do i need to submit my I-94 while going out ? My friends on H1 were saying that when they went to Mexico, the flight people did not take their I-94. And when they returned they got the same I-94 back. Is the case same for AP. ???
 
I think you are okay because leaving the company after 180 days rule may not catch you . You did not leave company on your own. You can say that I did had a intention to work for them but what can I do if they close ? I have found another job in similar situation who is ready to support me . This is my opinion
 
ruxrux,
i have big boubt here as how they will have this information in database unless it is notified status to INS that some one is out of status for so and so reason. Or I doubt any one could reveal personal status. There may be some other method to find out ....does any one know this . Although I have not heard so far that anyone have been deported from POE just because of this reason. am I right ?
 
If it's of any help: a friend of mine went home and her employer cancelled her H1 with INS. She had no problems getting back in, they never knew.
I can only tell you that every time I entered US, the INS guy was typing my name into his PC, but God knows if their databases are any good. Just as you say - they can't know you're out of status unless your company screws you. Otherwise, how would they know about your new job?
 
Long back I read AC21 and wagely remember that once the employer files I-485 they can not pull back (look at murty.com to find more details) but you are short of 180,
Its a kind of gray area.
I seriously dought if immigration office at border tracks who works at where, unless you seem to be nervous they couldnt figureout. Trust me their priorites are different.

Once I crossed Canada border there was no
check while entering US(this a surprise for me after I traveled to many countries). I was a little afried and parked my car and went into immigration office spoke to officer why they let me in without checking my docs.
He said that is fine it is normal. This was
before sep 11 attack.
 
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