Urgent Help Please!Foreign Country Travel on AP while I485 Pending!

W

Watch Dog

Registered Users (C)
Applied for I485 , EAD and AP in Oct2001-I am the primary applicant, spouse entered the U.S. on H4 and got transferred to H1 two years back(1999),working on and off, right now no project so no pay check but soon we both will be getting EAD and AP.On job i am travelling to Europe and planning to take my spouse with me, here are my concerns.

 Is there going to be any problem to my spouse while returning to U.S. (at POE) for not working while on H1 even after having both EAD and AP?My spouse H4 visa was expired on Nov 2000 and do not have H1 stamp on passport.
We are really concerned after hearing the news from Murthy\'s bulletin yesterday regarding foreign travel and problems for H1B Holders......
 
No Title

She needs a AP, if you cannot prove her H1 Status ( h1 Stamp in passport, ) On extreme cases some paystubs if possible and letter from employer..
 
Jaxen,Oracleoracle, I also have the same concern, please clarify me.....

I have gone through FAQ\'s in Advance Parole section in INS site and immigraion.com site also, It clearly says that while you travel on AP if at any time your stay in U.S. is illegal you will be deported and i am thinking that my spouse\'s status is illegal since being on H1 and does not have paystubs from AUGUST 2001. We both applied for AP and EAD, will be approved any time.

Please clarify any one.

Thanks.
 
ravi rp ....

My experience with INS is always have a good safety net. Your spouse has no paystubs since AUG 2001 , IF u filed 485 before her last paystub her status is valid do not worry.

Now if u filled 485 with her status as H1, She can not reenter on H4. I will strongly advice get an AP apporved.

PLEASE PLAY IT SAFE...... No salary and having H1 is a very gray area i would advice consult your Lawyer
 
No Problem

You have to get the dates right. You can just show the AP and if necessary show the I485 receipt. Generallly if on AP on some airports they make the supervisor see the case just to check everything. If you get your dates right, on H1 , being laid off, I485 application date, EAD approval date you will be fine. Not having paystubs does not mean that your H1 was not valid.
If she was working with someone that will also help.
Do not act jittery and do not make false statements which you will regret later.
I had a very similar experience, what finally saved was the dates, although we did not have any paystubs to support them. The dates should show legal status and your wife should repeat them with consistency. Good Luck
 
AP and Wife has EAD, EAD RFE for me, Valid H1 and H4, INS does not re-issue receipt,

I am in a very intertesting situation. Both me and my wife have a valid H1 and H4 visa respectivley in our passports. Both of us have valid H1 and H4 I-797\'s petitions. We have applied for Adjustment of Status, but as far as the orginal receipt is concerned there was a slight mishap. The post office failed to deliver the letter to our lawyer\'s changed office and instead sent it back to INS. We were told that the INS does not re-issue the receipt notice. I have got LIN numbers for both me and my wife.
To overcome the problem of missed recipt, both me and my wife applied for Advance Parole and have got that too. We also applied for and EAD card. My wife got her EAD. For me there is an RFE.
Here\'s my question :
Do I need to have my EAD card at the port of entry for re-entering US, if they do not accept the letter written by my company\'s lawyer explaining the missed recipt ?
Here\'s my understanding: Even though we have the necessary H1 documents, the fact that the officer at the port of entry may not accept the lawyer\'s letter will force me to use my Advance Parole at which point in time they will cancel my H1 visa.
Is the petition (I-797 form) still valid for me to work with my current employer or an EAD is the necessary document ?
I will honest with you. I have very little time left over to decide for my travel plans.
If you can please provide reply back with your comments as soon as possible, it will save me a ton of pressure.

Hoping for a favorable reply
 
Favorable reply...

You do not need your EAD card while entering at POE if you are coming in using H1. You do not need to talk about 485/AP/EAD just show your H1 and keep walking. See INS FAQ section on AP. It clearly says that valid H1/H4 don\'t need AP. This answer is assuming the receipt you are talking about is the 485 receipt...
You do not need the lawyer\'s letter at all.
Moreover even if you are forced to use AP, if you are still working for your sponsoring employer (H1 and GC) you can keep working using your H1..
Enjoy your travel.
 
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