Used AC21 ...Needs to travel to India on AP

[jokerpoker_us]

Here is my case
I am on AC21 . I have changed companies.
Wife has h1b visa through other company
and she has joined me in my gc process.
We both have advance parole.

I heard they are asking you if you changed
companies when you enter on AP. One of
my friend was asked that question. Is there
any risk in travelling on AP if you are on AC21?

Do they ask for EAD card? I do have a valid EAD.

Wife has a valid EAD and H1B. Can she travel alone
on H1b? I suppose she does not have any problem.

What happens if our GC gets approved while we
are in India? Is there a problem in that case?

Any comments and suggestions will be a lot appreciated.

 

[140_takes_4ever]

Originally posted by jokerpoker_us
1. Is there any risk in travelling on AP if you are on AC21?
2. Do they ask for EAD card? I do have a valid EAD.
3. Wife has a valid EAD and H1B. Can she travel alone
on H1b? I suppose she does not have any problem.
4. What happens if our GC gets approved while we
are in India? Is there a problem in that case?

1. No risk travelling on AP.
2. No they do not ask for EAD
3. No problem, but ask her to carry 485 original receipt and produce it when entering on H1 to prevent abandonment of AOS.
4. You have to enter on AP.

 

[jokerpoker_us]

Thanks buddy,
So why do ou think they are asking people if they have changed
jobs?

Is it advisable for my wife to use AP or H1B in this case? Is she
better off using the AP? If she uses AP then does it affect her
H1B status?

Thanks for your answers.

 

[140_takes_4ever]

Originally posted by jokerpoker_us
1. So why do ou think they are asking people if they have changed jobs?

2. Is it advisable for my wife to use AP or H1B in this case? Is she
better off using the AP? If she uses AP then does it affect her
H1B status?

1. No idea, maybe to verify legal employment. Remember to carry an EVL from your current employer, and if you have filed for AC21 with INS, it wouldn't harm to carry photocopies of the documents with you. Either ways it shouldn't matter as far allowing you to enter the country is concerned.

2. I always suggest AP since it is much easier. And establishes adjustee status. Using AP does not really affect her H1 status. Refer to past threads for more info, it was the discussion of the week, last week. That should give you enough info on the process. Search BitterMan's posts on this issue.