Working in Canada on EAD and AP

H

Harry04

Registered Users (C)
Hi Gurus,
Please help:
1. Does anybody know of a case where a person with pending I485/valid EAD has travelled to work in Canada every week on the basis of AP?
2. Is it possible?
3. Does the Immigration officer keep AP doc with them on returning to US?
4. Do you see any problems in this scenario?
5. Also if my son wants to go to Europe for study on AP, can it be done without jeopardizing I485 approval?

Thanks in advance.
V.
 
1. Some people on this forum have done something similar. You don't work in Canada with your AP, you just use it to reenter the US.
2. It might be, but if the CBP officer requests evidence that you plan to reside in the US after AOS, you should be able to prove it. In other words, you may be asked to prove that your work in Canada is temporary or is at the request of a US employer.
3. Sometimes they keep one copy with them, but the second copy should always stay with you. If they try to take it, you need to tell them that they already took a copy before.
4. There might be, see #2.
5. Again, AP is not for travel abroad, it's for returning to the US, so there is no such thing as 'Going to Europe on AP'. As long as the AP is approved before your son departs, and as long as he returns to the US before the expiration of the same AP he had when he departed, then he should be okay. Remember he cannot extend an AP while abroad and return to the US on a new AP, he must return before the same one he has when he departs expires. Also, once his green card is approved, he will need to satisfy the continuous presence condition in the US.
 
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