Yet another AP question!

G

GC_TRAP

Registered Users (C)
While I recently traveled on AP without any problems and answered a question or two for another poster, I'm riddled with yet another question about APs.

1) Is an AP really intended to be used for your home country or emergency visit only? What if I use one of the copies of AP (two were issued, one's already used up) for a leisure trip to some third-party country, will that be a problem upon re-entry to the US. Multiple copies of AP issued means multiple entries or one entry and different copies are gobbled up by USCIS at PoE?

In theory, it should not matter to USCIS but knowing how cryptic and uncertain and inconsistent the laws of this land are, I'd rather be certain.

Has anybody traveled on leisure besides their home countries and re-entered on AP?
 
These rules are very grey. I think they are a relic of the time when the 485 stage was expected to take a few months at most. Nowadays that is a rarity rather than the norm.

As for your question, I am not sure but it might be best to limit travel to big family events and emergencies and forego the leisure! Use the leisure time to explore the great american continent!

I find myself in a similar predicament and that is what I have decided.
 
I traveled to australia using AP....nobody asked the reason for travel (i may have had to tell them the truth that i had gone to get my PR)

they took the second copy, that means they will keep stamping on the copy i have for multiple entries.....(this is what i have heard)

that means you can travel anywhere using AP
 
Take a look ..

GC_TRAP said:
While I recently traveled on AP without any problems and answered a question or two for another poster, I'm riddled with yet another question about APs.

1) Is an AP really intended to be used for your home country or emergency visit only? What if I use one of the copies of AP (two were issued, one's already used up) for a leisure trip to some third-party country, will that be a problem upon re-entry to the US. Multiple copies of AP issued means multiple entries or one entry and different copies are gobbled up by USCIS at PoE?

>>>> AP is intended for re-entry into the US. You could visit your homeland or another country - it does not matter. Watch out though if you visit Cuba!

>>>> It is a myth that you have "used up" an AP - the AP is valid until the date stamped. I have used the same sheet for multiple re-entries.

In theory, it should not matter to USCIS but knowing how cryptic and uncertain and inconsistent the laws of this land are, I'd rather be certain.

Has anybody traveled on leisure besides their home countries and re-entered on AP?
Click to expand...

>>> Yes, I have. I visited Mexico twice, Canada twice and France once.
 
I went to London. I got sent to the interrogation room but they didn't ask any questions. Still, I don't like being sent to that room, because you never know what will happen next time.
 
I recently travelled to India and followed by Canada within a week using AP on both trip.

Here is what i noticed on I-94 while coming back from Canada trip, on top it says "Your admission cannot be authorized at this time, You are PAROLED until ...date... Condtion: DA Adjust of Status. blaw blaw.

Guys, I am planning to apply H1-B extension for 3 years, since i have not used EAD. Do you guyz foresee any disadvantage in my case.

Thanks
 
StillAlive said:
I recently travelled to India and followed by Canada within a week using AP on both trip.

Here is what i noticed on I-94 while coming back from Canada trip, on top it says "Your admission cannot be authorized at this time, You are PAROLED until ...date... Condtion: DA Adjust of Status. blaw blaw.

Guys, I am planning to apply H1-B extension for 3 years, since i have not used EAD. Do you guyz foresee any disadvantage in my case.

Thanks
Click to expand...
The problem with H1 is that if you change employer , then u get a new H1 and next time when you are entering USA you need another visa stamping....
My question is, if we keep H-1 on, can we still use AP for entering USA to avoid visa stamping? Is it safe?
 
I forgot to mention that my H1 is crossed 6 year, any change in employment from here, I will have to use EAD (Some could argue to use H1 transfer, which may not be safe in my view). Since I didnot renew AP for all 3 of us and don't have travel plan near by, I thought extending H1 on employer money (selfish) could save some money and have some means I can travel outside and comeback

Answer to your question is, if you can spend money to do both H1 and AP. you can still come back on AP as long as you don't use EAD and regularly renew the H1 to keep H1 status.

This is just my view, I am not a lawyer.

GaramChai2go said:
The problem with H1 is that if you change employer , then u get a new H1 and next time when you are entering USA you need another visa stamping....
My question is, if we keep H-1 on, can we still use AP for entering USA to avoid visa stamping? Is it safe?
Click to expand...
 
StillAlive said:
I forgot to mention that my H1 is crossed 6 year, any change in employment from here, I will have to use EAD (Some could argue to use H1 transfer, which may not be safe in my view). Since I didnot renew AP for all 3 of us and don't have travel plan near by, I thought extending H1 on employer money (selfish) could save some money and have some means I can travel outside and comeback

Answer to your question is, if you can spend money to do both H1 and AP. you can still come back on AP as long as you don't use EAD and regularly renew the H1 to keep H1 status.

This is just my view, I am not a lawyer.
Click to expand...
Why do you think it is not safe to do H1 transfer after 6 yrs, how different is it from using EAD and changing employer.
 
I was not sure on that point, when I come across that situation, I will contact my attorney.

GaramChai2go said:
Why do you think it is not safe to do H1 transfer after 6 yrs, how different is it from using EAD and changing employer.
Click to expand...
 
This is interesting information!

dl1cd,

This is very interesting that you have used the same AP (same sheet) multiple times to re-enter the US. I guess I had never heard that this was possible.

So, on the one AP they stamp in the box that says "National Benefit Center Stamp" or something like that. Here, the immigration officer puts the "Paroled until..." information when you enter the US.

If you travel overseas again using the same AP, where does the Immi Officer stamp the second entry on this AP document? Also, does he re-stamp your passport with the similar stamp "Paroled pursuant to Sec...." information?

Or, at this time, you are better off taking the second clean AP copy with you?

Thanks!

dl1cd said:
>>> Yes, I have. I visited Mexico twice, Canada twice and France once.
Click to expand...
 
Checked my AP .. and here is what they did

GC_TRAP said:
dl1cd,

This is very interesting that you have used the same AP (same sheet) multiple times to re-enter the US. I guess I had never heard that this was possible.

So, on the one AP they stamp in the box that says "National Benefit Center Stamp" or something like that. Here, the immigration officer puts the "Paroled until..." information when you enter the US.

If you travel overseas again using the same AP, where does the Immi Officer stamp the second entry on this AP document? Also, does he re-stamp your passport with the similar stamp "Paroled pursuant to Sec...." information?

Or, at this time, you are better off taking the second clean AP copy with you?

Thanks!
Click to expand...

Same sheet was used multiple times - first stamp was put inside the printed square, subsequent ones were placed outside, next to it. The stamps overlap - but the handwritten part inside each stamp does not.

For my own safety, I carried additional copies available with me - but bar once, they never asked for it. The one time they asked for it was when I was heading back from Mexico - and they just took away the extra copies. I asked them - does it mean I can't travel on AP anymore, since this is the only copy left with me and it is "used" now - and the officer gently explained to me that there is no such thing as "used" and I could re-enter N times until the date expires. I checked back with my lawyer afterwards and she confirmed.

Bottom line - if in doubt, ask your lawyer. They got fat on our miseries and they should earn that by responding to genuine queries.
 
GaramChai2go said:
The problem with H1 is that if you change employer , then u get a new H1 and next time when you are entering USA you need another visa stamping....
My question is, if we keep H-1 on, can we still use AP for entering USA to avoid visa stamping? Is it safe?
Click to expand...
Please share your experiences. Which one is recommended - to use AP or H1 stamping while entering US? Which one is safe? H1 stamping is waste of money/time and you have to do it every time you change employer.
 
GaramChai2go said:
Please share your experiences. Which one is recommended - to use AP or H1 stamping while entering US? Which one is safe? H1 stamping is waste of money/time and you have to do it every time you change employer.
Click to expand...
Anybody?....
 
Only an opinion...

GaramChai2go said:
Anybody?....
Click to expand...

Garamchai,

I've not been in a situation where I had the option to use H1 and AP at the same time.

When the H1 expired, my case had moved far along where I could apply for the EAD and AP. I never needed to deal with the H1-B mess again.

Between the two, I would say that AP seems like a better document to enter the US on. In most cases, it is a very straightforward process at the PoE. Besides, you say that you already have an AP but for H1-B you have to apply to get the Visa.

I also think that an AP (based on a pending I-485) indicates to the Officer that you are moving along in the immigration process and are "near" the final adjudication stage. Just my thought.

dl1cd, thanks for that very useful information. I feel more confident in traveling overseas for leisure using the same AP that I did at PoE the last time.
 
GC_TRAP said:
Garamchai,

I've not been in a situation where I had the option to use H1 and AP at the same time.

When the H1 expired, my case had moved far along where I could apply for the EAD and AP. I never needed to deal with the H1-B mess again.

Between the two, I would say that AP seems like a better document to enter the US on. In most cases, it is a very straightforward process at the PoE. Besides, you say that you already have an AP but for H1-B you have to apply to get the Visa.

I also think that an AP (based on a pending I-485) indicates to the Officer that you are moving along in the immigration process and are "near" the final adjudication stage. Just my thought.

dl1cd, thanks for that very useful information. I feel more confident in traveling overseas for leisure using the same AP that I did at PoE the last time.
Click to expand...
I already have H1 extended, only need to get it stamped in Inda, but in case of AP I don't have to do anything.
Any more thoughts?
 
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