Husband's work trying to keep us from travelling, am I missing anything?

[Ycats 24]

So, my husband gave his two weeks notice to quit his job two weeks ago and the company agreed that it was okay. So while he didn't have a job, we decided to go to his home country of South Korea. But then his company hasn't been able to find someone to replace him yet. So they are trying to scare him out of going to South Korea. And we already bought the plane tickets and everything, and they said it is just $2000, you make it back by working here one more month. The company also keeps saying there are some documents he will need before coming back to America and it might look bad if he doesn't have a job. I feel like it is possibly just a scare tactic because they could not find his replacement. But I am also wondering. What am I missing here?

 

So our background in the AOS process. My husband came to America on an F-1 student visa. After his student visa and i-94 expired, he was here for OPT on EAD status for a year. We married in April 2018 and I submitted the AOS packaged on July 31, 2018. We already have received the EAD/AP combo card and our interview will be on May 2nd 2019. We will be in South Korea from March 31 to May 1. I am preparing all documents for the interview before leaving on our trip. 

 

Does anyone see any reason that my husbands boss is correct and we should not go on this trip and my husband should stay and work, or is he just trying to scare us with the thoughts of the unknown? I have asked and am under the impression that even though my husband does not have a job, I do have a job that makes enough for the requirements of the affidavit of support. He also had the EAD/AP combo card and we have the I-797C. Could the issue occur because his I-94 is expired? Or anything else you can think of? Please help! The company is telling us to remake this big decision again and I want to be 1000% positive before I tell him my answer. He does not want to work there anymore. And I don't want him to work there if this is how they are treating him. Praying for good news! Thank you!

[Pengunista 221]

As far as I know he should be okay to go, because all he needs is his EAD/AP when he comes back here. But to be on the safe side, he may want to bring his marriage certificate and his NOA’s. 

 

Just a piece of advice, if your interview is on May 2, coming back May 1 might be pushing it, you may want to leave some wiggle room just Incase there’s a flight cancellation or something. But that’s just me. Other than that he is free to go to Korea.

[ourjourney_pc 118]

As long as he have Ap, then he's good to go, but having said that, it is still not an assurance of entry to usa. As many here have said only usa citizens have the right to enter to usa.

Anyway, my advise would be not to worry about the employer. What you have to worry is the 1 day period from coming back to usa to interview? Seriously? How about a delayed flight or worst canceled flight.. 

[Ycats 24]

3 minutes ago, ourjourney_pc said:

As long as he have Ap, then he's good to go, but having said that, it is still not an assurance of entry to usa. As many here have said only usa citizens have the right to enter to usa.

Anyway, my advise would be not to worry about the employer. What you have to worry is the 1 day period from coming back to usa to interview? Seriously? How about a delayed flight or worst canceled flight.. 

PS. Go easy with us about the flight. We bought the tickets a few weeks ago and just got the notice yesterday that our interview will be on May 2nd. We are trying to change the flight date currently. But thank you for the information. You both have given me confidence in our decision.

[Pengunista 221]

@Ycatsone more thing to consider regarding your flight, if you have a connecting flight within the US on your way back, make sure you have enough layover time, your husband upon entry would go to a secondary inspection, all EAD/AP holder goes thru it, some it only takes 5 minutes but some takes an hour. So if you have a connection flight within the US make sure you he has enough time to do secondary inspection. 

[Ycats 24]

1 hour ago, Pengunista said:

@Ycatsone more thing to consider regarding your flight, if you have a connecting flight within the US on your way back, make sure you have enough layover time, your husband upon entry would go to a secondary inspection, all EAD/AP holder goes thru it, some it only takes 5 minutes but some takes an hour. So if you have a connection flight within the US make sure you he has enough time to do secondary inspection. 

I had a question about that as well. So, we have a layover from South Korea into San Francisco and then going from San Francisco into Newark. I was wondering at what point do we get sent to the secondary inspection. I heard that as long as we don't leave the airport (like the security and inspection areas) we would not see the secondary inspection until we reach Newark and try to leave the airport. Is this incorrect information? Have I been misinformed?

[cyclone27 710]

First point of entry so you will be inspected in San Fran.

[arken 4,197]

4 minutes ago, Ycats said:

I had a question about that as well. So, we have a layover from South Korea into San Francisco and then going from San Francisco into Newark. I was wondering at what point do we get sent to the secondary inspection. I heard that as long as we don't leave the airport (like the security and inspection areas) we would not see the secondary inspection until we reach Newark and try to leave the airport. Is this incorrect information? Have I been misinformed?

You have to go thru custom and immigration in San Francisco. SF to Newark flight will be domestic, so no immigration/custom inspection.

[Ycats 24]

1 hour ago, Ycats said:

I had a question about that as well. So, we have a layover from South Korea into San Francisco and then going from San Francisco into Newark. I was wondering at what point do we get sent to the secondary inspection. I heard that as long as we don't leave the airport (like the security and inspection areas) we would not see the secondary inspection until we reach Newark and try to leave the airport. Is this incorrect information? Have I been misinformed?

 

1 hour ago, arken said:

You have to go thru custom and immigration in San Francisco. SF to Newark flight will be domestic, so no immigration/custom inspection.

 

1 hour ago, cyclone27 said:

First point of entry so you will be inspected in San Fran.

Ok. Phew, I was able to change my flight with a longer layover. And luckily, I was able to convince them not to charge me extra for it. So, phew phew phew. Thank you all for the help! I just dodged a possible disaster! We now have a 3 hour layover in San Francisco. We are also willing to pay extra on the airplane ticket in case they keep us longer than 3 hours. Are we all good now? Or is there anything else I should be worrying about? There are so many things to consider, but sometimes, you don't know what they are! So, thankful for you guys and your plentiful experience and information.

Edited March 26, 2019 by Ycats

[ourjourney_pc 118]

10 hours ago, Ycats said:

PS. Go easy with us about the flight. We bought the tickets a few weeks ago and just got the notice yesterday that our interview will be on May 2nd. We are trying to change the flight date currently. But thank you for the information. You both have given me confidence in our decision.

That's explains it. 

 

Goodluck 

[carmel34 3,633]

Your husband resigning from his job has no impact on immigration or his legal status in the US.  He has the EAD/AP so you are fine.  The company is just being a pain because they can't find a replacement.  Sounds like a bad place to work anyway.  Have a good trip and good luck with the AOS interview!

[Ycats 24]

3 hours ago, carmel34 said:

Your husband resigning from his job has no impact on immigration or his legal status in the US.  He has the EAD/AP so you are fine.  The company is just being a pain because they can't find a replacement.  Sounds like a bad place to work anyway.  Have a good trip and good luck with the AOS interview!

Thank you so much. Yeah, the company treated him like poo. So, I told him I make enough money for the affidavit of support, and I do not see a layoff in my future. So I told him to quit. They are still pestering him, even though his last day is this coming Friday. After that, there is nothing they can do, we will be long gone! hohoho. But since they are all people who have successfully completed the AOS process, they are using their "knowledge" to scare him out of doing anything The company is a Korean company that has headquarters in New Jersey, fun fact. I have done my thorough research, and just wanted to be 100% positive before we made a final decision for him to quit. Thanks to VJ, he is able to quit in peace, knowing it won't affect his progress through AOS so far. Sweet relief! He can finally escape!

[junkmart 320]

20 hours ago, Ycats said:

Thank you so much. Yeah, the company treated him like poo. So, I told him I make enough money for the affidavit of support, and I do not see a layoff in my future. So I told him to quit. They are still pestering him, even though his last day is this coming Friday. After that, there is nothing they can do, we will be long gone! hohoho. But since they are all people who have successfully completed the AOS process, they are using their "knowledge" to scare him out of doing anything The company is a Korean company that has headquarters in New Jersey, fun fact. I have done my thorough research, and just wanted to be 100% positive before we made a final decision for him to quit. Thanks to VJ, he is able to quit in peace, knowing it won't affect his progress through AOS so far. Sweet relief! He can finally escape!

Wish I knew the name of this company. I'd love to research it to find out if they are using the same tactics to hold other employees hostage during the immigration process.

[Ycats 24]

On 3/28/2019 at 9:49 AM, junkmart said:

Wish I knew the name of this company. I'd love to research it to find out if they are using the same tactics to hold other employees hostage during the immigration process.

I believe my husband was the only one that does not have completed AOS, everyone else there was green card or citizen already, except for some OPT students who were just there for experience. They used that against him. Sucked out all his energy. Luckily I am able to make enough. I told him to get out of there and find something that makes him happy.

[Ycats 24]

I have one more question. Which I-797C should I bring? The I-485 or the one for the interview date, or all of them?

 

Thanks again all!