Using Advance Parol at Logan Air port, Boston

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baby_mde

Registered Users (C)
Hi,

We have AP and EAD through my wife GC process and these are valid until Dec 2006. We are planning a Visit to India in July, 2006 and coming back in August, 2006. We want use AP at Logan Airport, Boston. In this regards I have following questions, please help us.

1. I heard that some airport does not allow AP. Is Logan Air Port is one of
them? Please share your experience.

2. My wife was on maternity leave for 3 months in 2005. In this period she got paid by short term disability insurance which is $3000 less than her actual monthly salary. So eventually her total W2 wages $9000 was less than H1B labor certification. Is this a problem while entering into country with AP?

3. Last time my wife entered into US in 2001. At the port of entry they gave her I-94, which is valid until her visa. Then she extended her H1B and of course she has new I-94. When she leaves US which I-94 card should return?

4. I also entered into US with my wife in 2001, later I have extend my H1B. Then I got EAD with my wife GC process, and I quit my employer and I am working as independent contractor with EAD. Right now I do not have a valid I-94 card. So when I leave US what should I return? If I return I-94 card that was issued or any other I-94 card, does this indicates to them that I was over stayed, because they did not know that I am using EAD. I am really confused. Please help us.
 
We have AP and EAD through my wife GC process and these are valid until Dec 2006. We are planning a Visit to India in July, 2006 and coming back in August, 2006. We want use AP at Logan Airport, Boston. In this regards I have following questions, please help us.

1. I heard that some airport does not allow AP. Is Logan Air Port is one of
them? Please share your experience.

I recently used AP at Houston Intercontinental without any problems. But I have never heard of this. I would guess all major PoE must be able to handle AP.


2. My wife was on maternity leave for 3 months in 2005. In this period she got paid by short term disability insurance which is $3000 less than her actual monthly salary. So eventually her total W2 wages $9000 was less than H1B labor certification. Is this a problem while entering into country with AP?

I have no idea about this.



3. Last time my wife entered into US in 2001. At the port of entry they gave her I-94, which is valid until her visa. Then she extended her H1B and of course she has new I-94. When she leaves US which I-94 card should return?

I would staple all cards together as stated on the card and return them all. That's what I did.



4. I also entered into US with my wife in 2001, later I have extend my H1B. Then I got EAD with my wife GC process, and I quit my employer and I am working as independent contractor with EAD. Right now I do not have a valid I-94 card. So when I leave US what should I return? If I return I-94 card that was issued or any other I-94 card, does this indicates to them that I was over stayed, because they did not know that I am using EAD. I am really confused. Please help us.

Airline agents collect I-94 before your departure, not ICE agents. The airline agents have no authority beyond collecting all I-94s and handing them over to US immigration. There is no overstay in your case but to be safe you should carry all documents to prove so in case needed upon your return.




PS: I am not an attorney. All views/opinions are my own.
 
I came into the US through JFK in New York last week and was put through secondary inspection.

After I cleared secondary, I asked the officer why I was put through secondary inspection. She told me it was because I was using AP.

I was surprised as I have used AP 6 times in the past three years and have never been put through secondary. She was surprised when she heard that and said that is so against USCIS policy.

So, in essence, each port of entry has what it thinks are the normal and usual procedures. But, no port of entry will deny you solely because you use AP. However, be prepared to be put into secondary. Carry a copy of your pending I-485 and approved I-140.

Also, regarding I-94s, always keep a copy of any I-94 that was ever issued to you. You will need to safe keep these copies until you become a citizen.
 
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I used AP in Sept 2005 at JFK. It was my first time using AP.
The immigration agent saw the AP and sent me to secondary inspection.
The agent there stamped my passport and handed it back to me.
No questions, no finger printing, no picture.

Hope this helps.

Planning on travelling again next week also on AP.
 
I have used AP before. Since it is not machine readable, they have to go through to their other computer systems and see if it is valid and not forgered. Atleast thats what they did to me. You wait in a room and they check your AP and they come back with with your I-94 stamped for one year from the date of entry. No questions asked. Remind you this is in cincinnati, one of the smallest international airports.
 
Evidence needed for AP

Gurus,
I've applied for electronically for AP yesterday. While filling up the form at one point it asked me to send and evidence the necessity for applying AP / to travel abroad ? what is this about? Can someone please explain?

Thanks
 
baby_mde said:
4. I also entered into US with my wife in 2001, later I have extend my H1B. Then I got EAD with my wife GC process, and I quit my employer and I am working as independent contractor with EAD. Right now I do not have a valid I-94 card. So when I leave US what should I return? If I return I-94 card that was issued or any other I-94 card, does this indicates to them that I was over stayed, because they did not know that I am using EAD. I am really confused. Please help us.
Click to expand...

You cannot be legally on H1B and not have a current I-94. Look carefully at your H1B extension approval. Lower left corner of your approval is your new tear-away I-94. Tear it away and staple it to your old I-94. You should hand-over BOTH new and old I-94 to you airline personnel. It's YOUR responsibility to do so. Nobody at the airport will ask for your latest I-94. Not submitting the latest I-94 can result in delay in re-entry to US.

Needless to say make a few photocopies of the same and preserve at least one. Also have a photocopy on you during re-entry, just in case.
 
Thanks, but my question is I am using EAD and I do not have a valid I-94 or H1B and also I will give all my I-94 cards including the one they gave me when I enter into this country.

My question is :

Because I do not have current valid I-94 card, do they think that I am overstayed and is this become a problem while I am entering into the cuntry??


Shall I give them photo copy of EAD when I leave or any suggestions????
 
You have not overstayed. You can legally stay as long as your I-485 is pending or in process. Return back all the I-94 you have when you depart the country. You can come back in using your AP. The check will happen only when you are returning and you will be using your AP then. At POE, they dont check your salary status or how much your wife got paid during the 3 months. Just keep the documentation ready, but dont give them any. Don't give any documentation unless it is asked. (Don't ask, Don't give). Have a good vacation.
 
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