Visit homecontry with AP if changed job before 183 days

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morethan2years

Registered Users (C)
I was laied off 3 month later after submitting the I485 notice. I am currently working for a different company.

I appled my AP last november and got approved this month. What is the risk involved if I go home with my AP considering I have NOT met the 183 funny restriction ?

Any input will be appreciated.
 
Originally posted by morethan2years
What is the risk involved if I go home with my AP considering I have NOT met the 183 funny restriction ?
Click to expand...

There is no "183 funny restriction". The 180 days mentioned in AC21 refers to the ajudication timeframe of the adjustment, not when the job switch took place.
 
Thans TheRealCanadian,

A couple of folks mentioned the experience at the customer. The 3 questions official asked:

1. Are you still working?
2. Which company are you working for?
3. Is it your sponsoring company ?

It's a little scary to me. Fourtunely, those folks are still working for their sponsoring company. I am wandering what will happen if the answer to question 3 is NO.

Does anyone outhere have the same status like me and traveled outside usa?

Any input will be appreciated.
 
There have been some messages before on this board. But I don't remember the exact contents but here is what I clearly remember :-

1. Someone changed job on AC21 and travelled on AP.

2. When he arrived in the USA, he was asked all kind of questions- where he works, why he works for a diffrent company and how is that legal.

3. Lucky that guy could show them AC21 laws (they were not aware of those laws) and listened to him.

But on the same time my wife and child travlled on AP and no questions were asked but she is not primary applicant.

Unless, it is real urgent and important, I would not travel. I would like for a new job and postpone travel after you are already working with a new company. I guess you have applied for EAD - if not - do so.

Hope it helps but bit unfortunately it is not so good

Originally posted by morethan2years
Thans TheRealCanadian,

A couple of folks mentioned the experience at the customer. The 3 questions official asked:

1. Are you still working?
2. Which company are you working for?
3. Is it your sponsoring company ?

It's a little scary to me. Fourtunely, those folks are still working for their sponsoring company. I am wandering what will happen if the answer to question 3 is NO.

Does anyone outhere have the same status like me and traveled outside usa?

Any input will be appreciated.
Click to expand...
 
Thanks Toolongawait.

It's helpful. I found a job 1 month after the layoff (I got my EAD at that time). I've been working for the new company for 1 years.

My major concern is that I switched job only two month after I filed I485. Somehow, I got the impression from reading certain posts / articles that it's risky to travel outside usa by using AP if your job change is less than 180 days since the submitting of 485.

I guess I need to download the AC21 and research it carefully.

Any input will be appreciated.
 
Sorry. I missed the facts.

If you are working and have full time job and have EAD and AP - you are OK travel.

Obviously it is more than 6 montsh since you files 485 so AC21 is applicable.

What happens before 180 days are completed - that part is gray area in AC21. Some people say it does not matter but it is not clear.

But I think you are clear for travel.

I wish I could locate the message from the person who posted his experience at airport.


Originally posted by morethan2years
Thanks Toolongawait.

It's helpful. I found a job 1 month after the layoff (I got my EAD at that time). I've been working for the new company for 1 years.

My major concern is that I switched job only two month after I filed I485. Somehow, I got the impression from reading certain posts / articles that it's risky to travel outside usa by using AP if your job change is less than 180 days since the submitting of 485.

I guess I need to download the AC21 and research it carefully.

Any input will be appreciated.
Click to expand...
 
morethan2years

I think AC21 applies if you have changed jobs after 180 dyas of I-485 receipt date. From your post, I understand that you changed job 3 months (only 90 days) after the I-485 Receipt date.
If this is the case, you may have to think twice about your trip. If they ask you about your emplyment history, it could be a problem.
(they didn't ask me anything while I travelled with AP--but I changed job only after 1 yr form the RD)
 
Thanks guys.

here is the answer from my lawer:

I think you are mixing up a few issues here.

1) Ability to travel on an AP depends on having a VALID and UN-DENIED I-485, which you do have. You are fine to travel, as long as they don't deny your I-485 while you are gone, thus stranding you overseas. Even if they wanted more info. about your I-485, you would always have a 90 day response period, so you can travel as long as you will be back within 90 days.

2) The mobility, AC21 issue is different than the above issue, you have confused them. This issue will be decided when the INS finishes your case. We are having lots of I-485's done now, and sometimes they ask for a new employment letter, sometimes they don't. Cross that bridge later.
 
morethan2years,

Ofcourse, you can travel with a valid AP while your I-485 is pending..
But the trick is somewhere else...
90% of the time, nobody will ask you about employment history while you travel with AP. But, if you belong to the other 10% of the unfortunate guys, they may ask you about your employment details. In that case, they will note down the fact that you changed jobs before 180 days whcih will trigger an RFE for your I-485. As you know, AC21 MIGHT not cover job changes before 180 days.

In short, the risk is NOT that you will not be readmitted to US.
 
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