Visiting India On AP: what docs to take ??

P

peace0901

Registered Users (C)
Hi
Friends
I am visiting India on my AP (first time).
What documetns should I keep in my possession ?
Please list the docs ......

I got two copies of AP doc from the INS....(One with the photo and the other without (I got an emergency AP)

I am planning to take with me copies of

1. AP (how many copies do I need???) Also, pl let me know your experience at the point of reentry??)
2. I-485 Notice
3. EAD copy
4. Employment letter.
5. AP pending notice (this is not proocessed yet)

Q1. Do I need anything else????
Q2. Do I need to turn in any forms (in addition to I-94) at the time of leaving???
 
Just show the AP, filled I94 and passport. Dont volunteer to show other documents. You will be subjected to secondary processing . Depending on how busy the supervisor is, you might have to plan your connection after reaching into US. Make sure you got the Stamp in AP, I94 and passport.
Other documents can be helpful in dire circumstances.
 
Do we have to fill the I-94?
I thought I-94 will be stamped and filled with the dates on the passport by the Immigration officer at POE?

Also they give the dates on I-94 based on the validity of Advance parole. right?

if I have the valid H1 and AP, and if they come to know I have valid h1 visa and I am entering using AP, will that be a problem?
 
Do we have to fill the I-94?
---- YES
I thought I-94 will be stamped and filled with the dates on the passport by the Immigration officer at POE?
---- You have to fill I-94 and POE officer will stamp it
Also they give the dates on I-94 based on the validity of Advance parole. right?
---- if you enter showing AP generally the I-94 will be stamped for 1 year and AP copy will also stamped

if I have the valid H1 and AP, and if they come to know I have valid h1 visa and I am entering using AP, will that be a problem?

----- If you have valid H1 Visa stamp in passport why you want to enter on AP? Did you use EAD? If EAD not used and you have valid Visa stamp in passport you can also enter showing H1 visa stamp, if you have only H1 approval notice and no valid H1 visa stamp you can also get H1 visa stamp from consulate and can enter on H1 visa if any problem for H1visa stamp then use AP
 
Q for Ginu

If one uses AP to enter US, is he foreced to abandon H1b and have to use EAD to work? Otherise, I am wandering why you suggested to use H1b instead of AP when both are available. Thanks.
 
If you have used EAD (to change your job), your H1B becomes invalid - bcoz, H1B is specific to a particular job/company. You will not be able to use it. If you have not changed your job, and the H1B stamp on your passport has not expired, it's better to use that.

btw, you mentioned you have an 'emergency AP'. What's with that? Please elaborate. I am desperately waiting for my AP to come by in mail so that I can travel to india in the next few days. My AP was approved on Jan 20, but I (not my attorney) have not rec'd it yet, though we rec'd my wife's AP (approved on the same date) within a week.

Thanks
 
Thanks ginnu... I think guys here knows more than what a Professional Lawyer should know...

I will be travelling next month. just want to clarify some things before my travel.

I have some questions regarding my India trip and I will be travelling by next month.

1.Before leaving the country, do I have to submit the I-94 from the H1b approved notice or the
I-94 which was on my passport?
do we need a valid I-94 on the passport before we travel outside the country?
I dont need to have any I-94 on my passport when I am outside the country. right?
Can I sumbit I-94 to the Airport authority at the time of check in?

2.My wife was travelling on AP. She has an approved H1 notice with the I-94.But she has H4 stamping on
her passport.
Since she travelling on AP, does she has to submit any of the I-94 papers before she leave the country?

3.Based on the above questions, what are the proof of documents I have to show at the port of entry
when I use my H1 to enter?

4.Also what are the proof of documents that my wife has to show at the port of entry when she use AP.

does she has to show her h1 documents when she enter using AP?
will that be a problem when Immigration oficer come to know that she has a h4 stamping with h1 approval but using AP to enter?

your reply will be greatly appreciated. that will be more useful for my travel plans.

Thank you so much
 
Thanks ginnu... I think guys here knows more than what a Professional Lawyer should know...

I will be traveling next month. just want to clarify some things before my travel.

I have some questions regarding my India trip and I will be travelling by next month.

1.Before leaving the country, do I have to submit the I-94 from the H1b approved notice or the
I-94, which was on my passport?
------ BOTH take the pin or staple from airline counter staple both the I-94 and surrender
do we need a valid I-94 on the passport before we travel outside the country?
----- you have one I-94 stapled on your passport and other attached with your H1 approval you need to submit both the I-94 before departure( make the copy of both the I-94 front and back and keep it for future record in your immigration file at home)
I dont need to have any I-94 on my passport when I am outside the country. Right?
Can I sumbit I-94 to the Airport authority at the time of check in?
---------- You don’t need ANY I-94 when you are out of US, you have to surrender all your I-94 at Airline counter before departure from US
2.My wife was traveling on AP. She has an approved H1 notice with the I-94.But she has H4 stamping on
her passport.
Since she traveling on AP, does she has to submit any of the I-94 papers before she leave the country?
------ yes she has to surrender all her I-94 before departure
3.Based on the above questions, what are the proof of documents I have to show at the port of entry
when I use my H1 to enter?
------ if you are using H1visa then show your passport with valid H1 visa stamp AND new H1 extension approval and POE officer will give you I-94 valid till your H1 extension approval, check the I-94 at POE if the officer gives you I-94 till Visa validity date only then ask the supervisor to correct it
4.Also what are the proof of documents that my wife has to show at the port of entry when she use AP.
---- She should take all the original AP with her and she will fill up I-94 and will show AP at POE9 better she should also keep her I-485 filing receipt and show if asked)

does she has to show her h1 documents when she enter using AP?

------ If she has H1 visa stamp then show H1 visa stamp in the passport
will that be a problem when Immigration officer come to know that she has a h4 stamping with h1 approval but using AP to enter?
------ If she has H1 approval then she can get H1 Visa stamp out side US, or use AP to reenter and should enter on AP
 
I read it somewhere about using AP and keep H1 status, which says you can keep H1 after using AP.

My question is, if you use AP, and I94 and all documet get stamped valid for 1 year at the POE, then how about the H1 status? valid only for one year after entering with AP ? ==================
qoute:

You are on H1 if you enter with AP AND you continue working with the same employer
who filed your latest H1 and you should not use EAD if you want to remain on H1 after
entering on AP

Read:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

But you have used EAD and you are not on H1 status and you need AP to reenter
better apply AP immediately

If you have a valid H1 you can always go out of the country get stamped and
enter into US as H1 .

You can do this even if you work now on EAD
======================================
 
Last edited by a moderator:
Ginnu or other people with experience,

Please share your experience or knowledge, and advise if it is OK or not.

When I used AP to leave USA I forgot surrenderring both of my I-94s that one was attached with H-1 approval and another was stapled with passport. I still have both originals. Will it affect my I-485 approval?
 
which I -94 to submit?

I am planning to go to India in May
this is my case.
I have H1 approval till Dec 2004
I will get my Advance Parole (hopefully) next month
I need to revalidate my H1 visa (need a stamp in PP)
so when I leave US which I-94 should I submit
white I-94 card in PP or H1 approval I-94 or both?
If I submit the H1 approval I -94 how do I get the stamping in the PP at a consulate?

Thanks in advance
immi_tracker
 
You need to submit both I-94s.
You do not need your I-94 when you are applying at a US Consulate.
 
Hi,
did any one travel thru Paris(by Air India) on Advance parole.
Do we need to get Airport Transit Visa from French Consulate?
 
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