Travelling on AP - Questions

[Fifth Echelon 6]

Hi All,

Apologies if this has been asked and answered elsewhere. I just sent in my AOS packet, and plan on travelling using the AP when I receive it. I have the following questions:

1. When departing the country, do I return my current H-1B endorsed I94 to the airline? I have heard conflicting information. I would like to keep the original for the AOS interview, but don't want to run into any trouble when re-entering the country.

2. When filling out the I-94 form on re-entry, what would I fill in for the visa-related fields? (i.e. Visa issue date, Visa issue place)

3. Is it pretty much a given that re-entering on AP will result in secondary screening at immigration? If so, will you be interviewed, or do you just end up waiting for them to process you and hand you your documents, allowing you to leave without an interview? I have been through both types of secondary screenings in the past.

4. Since my travel is scheduled for the first week of February 2012, there is a possibility that the travel may fall into that window of "right after AOS appointment but prior to receipt of GC". In this instance, is it advisable to travel on the AP? I understand that if approved, I could ask the IO for an I-551 stamp, but in the event I don't get one, can I travel and re-enter on the AP?

5. Finally, I do still have a valid H-1B visa, which I understand is an acceptable nonimmigrant classification to re-enter on while still in the process of AOS. Would you advise re-entering on an H-1B visa over using the AP?

Thank you for any and all thoughts!

Edited November 4, 2011 by Fifth Echelon

[Little_My 464]

1. I would say return it. You need to give it back for your departure to be properly recorded. Make sure you have a good, color-copy or a scan of BOTH SIDES of the I-94 before you surrender it. You should also get a new one when you are returning.

2. I used my AP dates. "Advance Parole travel document, pending AOS" and the date the AP was issued.

3. I used my AP to return in August and had no issues. I was taken aside to get my passport stamped with the "Paroled" stamp by another officer in a different room, but it wasn't "secondary questioning" in any way. Delayed my entry maybe by 5 minutes. I traveled after the new EAD/AP combo card had been introduced, which is also why it took a bit longer. The IO who looked at my documents first had not seen a combination card before so he did some calling around to verify it was legitimate. They should be familiar with them by now.

4. I flew to Finland in June 2011, flew back to the US in July for my AOS interview, and then flew back to Finland right after. The interview was on a Wednesday - I arrived in the US on Tuesday using my AP, did not get approved on the spot so also did not get the I-551 stamp, and left the US the next day, Thursday. Approval email came on Friday. I used my AP to return a couple of weeks after, so my GC had been issued and mailed to my apartment in NYC. It is not a problem to return with the AP even though your GC has been issued. The IO can see on their computer that you have been approved, but if you don't have the physical GC in your hand, they cannot admit you as a permanent resident. You will be Paroled into the US. I was told this is not a problem as long as I travel internationally within a year of that entry, and if I don't, I should call CBP and come back to POE with the physical GC to have them change my status from a "parolee" to LPR.

5. I think the H-1B seizes to be valid once AOS has been submitted - at least this is the case with an F1 visa and other non-immigrant visas, such as tourist visas. I'm not very familiar with the H-1B though, so someone else might no more about that.

[Fifth Echelon 6]

Thanks, Little_My. Since you travelled after your interview, did the IO at the USCIS office keep your I-94, or did you travel with it and then surrender it on departure?

As far as H-1B goes, I should mention that this is technically one of those exceptions (along with L-1 visas) that you can travel on without holding AP, and still be readmitted without abandoning your LPR application. Since I would have the option to present either of the two documents to CBP on entry, I thought I'd ask what others here have done.