travel to india on ead/ap combo card

[nyceb3]

Hello folks, i am new to this thread. i am travelling to india in 2 weeks for 15 days. I have a ead/ap combo card for me,my wife and my son. I am eb3 india with priority date of july 2003 which got current in september and we got our finger prints and received ead/ap combo cards. We made a booking on emirates.My question is what are the risks involved in coming back on ap to usa. Also what questions they ask at delhi airport while coming coming back to usa. I am on h1b visa valid till july 2014 but stamp is expiredon the passport.

Experts please advice.

Thanks.

[qesehmk]

Hello folks, i am new to this thread. i am travelling to india in 2 weeks for 15 days. I have a ead/ap combo card for me,my wife and my son. I am eb3 india with priority date of july 2003 which got current in september and we got our finger prints and received ead/ap combo cards. We made a booking on emirates.My question is what are the risks involved in coming back on ap to usa. Also what questions they ask at delhi airport while coming coming back to usa. I am on h1b visa valid till july 2014 but stamp is expiredon the passport.

Experts please advice.

Thanks.
I have done that previously. As long as your AP is valid you can come back anytime on a valid passport. Your H1 has no bearing on your ability to enter.

Enjoy your vacation!

[nyceb3]

I have done that previously. As long as your AP is valid you can come back anytime on a valid passport. Your H1 has no bearing on your ability to enter.

Enjoy your vacation!

Thanks q for your reply. Also are they familiar with the ead/ap combo card ? I dont have h1b stamp on my passport.

Please advice.

[qesehmk]

You mean the immigration officers at the airport right? Of course they are. These are guys are pretty good at what they do.

As I said if you have a valid AP and a valid passport of any country then you don't need H1 in your passport to enter.


Thanks q for your reply. Also are they familiar with the ead/ap combo card ? I dont have h1b stamp on my passport.

Please advice.

[nyceb3]

You mean the immigration officers at the airport right? Of course they are. These are guys are pretty good at what they do.

As I said if you have a valid AP and a valid passport of any country then you don't need H1 in your passport to enter.

I meant at delhi airport. Do the immigration officers familier with this card?
Please advice.

[qesehmk]

Well ... I once showed my American driving license in Pune and told them that it works in the whole world. They let me go.

That's all I can says nyceb3!!

I meant at delhi airport. Do the immigration officers familier with this card?
Please advice.

[raminator]

Well ... I once showed my American driving license in Pune and told them that it works in the whole world. They let me go.

That's all I can says nyceb3!!


Q,
I have one question. I received my AP combo. I am traveling to India this month and with my wife. My self and my wife both are on H1B. and I am the primary. Currently my H1b is with other employer who is not sponsoring my GC. Just to avoid risk I am planning to go for H1b stamping. Can my wife enter into US without any H1b visa stamp and continue to work on H1B ? will there be any problem at Port of Entry.

[qesehmk]

Ram - Not sure what risk you are referring to. Even if your 485 is denied while you were travelling abroad - you should be allowed to continue your prior status i.e. H1 when you come back.

All that a visa stamp in your passport will do is - add another "Entry credential". With AP in hand - I dont think you need another entry credential.

The same is true with your wife or anybody else. If you have AP - then H1B stamp in your passport would be redundant.


Q,
I have one question. I received my AP combo. I am traveling to India this month and with my wife. My self and my wife both are on H1B. and I am the primary. Currently my H1b is with other employer who is not sponsoring my GC. Just to avoid risk I am planning to go for H1b stamping. Can my wife enter into US without any H1b visa stamp and continue to work on H1B ? will there be any problem at Port of Entry.

[raminator]

Thanks Q for your response. Since my current H1b is not on the GC sponsoring employer, i thought there might be some risk when I enter into US.
I am currently working in company A and my h1b is with company A. and my i485 is filed with company B. so I thought that might cause some issue.
But just in case If I enter with H1b visa stamp, do I need to show AP in POE ?

[qesehmk]

Not at all Ram. But they know it anyway. My guess is it shows up on their screen.
Thanks Q for your response. Since my current H1b is not on the GC sponsoring employer, i thought there might be some risk when I enter into US.
I am currently working in company A and my h1b is with company A. and my i485 is filed with company B. so I thought that might cause some issue.
But just in case If I enter with H1b visa stamp, do I need to show AP in POE ?

[suninphx]

Q,
I have one question. I received my AP combo. I am traveling to India this month and with my wife. My self and my wife both are on H1B. and I am the primary. Currently my H1b is with other employer who is not sponsoring my GC. Just to avoid risk I am planning to go for H1b stamping. Can my wife enter into US without any H1b visa stamp and continue to work on H1B ? will there be any problem at Port of Entry.

Generally it should not be a problem at PoE (with AP), but please bear in mind anyone entering in the US using AP, can NOT work on H1B unless its for same employer who sponsored your GC. Please double check with your company lawyer but I am pretty sure that's the case.

[qesehmk]

sun - I am 99% confident that's not true. Perhaps kanmani can illuminate us!

Generally it should not be a problem at PoE (with AP), but please bear in mind anyone entering in the US using AP, can NOT work on H1B unless its for same employer who sponsored your GC. Please double check with your company lawyer but I am pretty sure that's the case.

[Kanmani]

sun - I am 99% confident that's not true. Perhaps kanmani can illuminate us!

Q, you can raise your confidence level to 100%. Sun, that is not true. There is no such requirement that the GC and H1B employer should be one and the same.

[suninphx]

Q, you can raise your confidence level to 100%. Sun, that is not true. There is no such requirement that the GC and H1B employer should be one and the same.

Seems I was not clear .. my point is if person enters the US using AP then he/she can not use H1 as work authorization unless he/she is using H1 sponsored by GC sponsoring employer. To give specific example if OP and his wife enter using AP they need to use EAD for work authorization until time they are back in H status either through amendment or extension. Ofcourse, they can enter using H1B visa and continue working on H1B for any employer.

[qesehmk]

sun - the short answer is not true.

Here is a scenario:

Person X is working on H1 for employer A. He is being sponsored for GC by emp B.
X leaves US with a valid H1 as well as valid AP.
X comes back and enters using AP.
Since X used AP his status is now AP and he can only use H1 as work authorization but doesn't derive H1 status from it. And thus he can continue working for A using the H1. At teh same time if he has EAD he can work for B or C D E F G.... whatever. All while still working for A.
Lets say his EAD expires but he still has H1. Now he can only work for A. If he wants to work for B or C or D etc .... he MUST invoke AC21 (if eligible) or must renew EAD. However H1 transfer in such case is probably not possible.

If he entered using H1 then everything is as it was before he left US. Moreoever one benefit of H1 is that any of his previous visa transgressions are reset and he won't be liable for any extra stay previously.

Sun - so thanks for correcting me. I was totally out of line on AOS and resumption (or not) of H1. But as per using H1 - I still think it can be used.

Seems I was not clear .. my point is if person enters the US using AP then he/she can not use H1 as work authorization unless he/she is using H1 sponsored by GC sponsoring employer. To give specific example if OP and his wife enter using AP they need to use EAD for work authorization until time they are back in H status either through amendment or extension. Ofcourse, they can enter using H1B visa and continue working on H1B for any employer.

[suninphx]

sun - the short answer is not true.

Here is a scenario:

Person X is working on H1 for employer A. He is being sponsored for GC by emp B.
X leaves US with a valid H1 as well as valid AP.
X comes back and enters using AP.
Since X used AP his prior H1 status is resumed. And thus he can continue working for A using the H1. At teh same time if he has EAD he can work for B or C D E F G.... whatever. All while still working for A.
Lets say his EAD expires but he still has H1. Now he can only work for A. If he wants to work for B or C or D etc .... he MUST invoke AC21 (if eligible) or must transfer H1 or must renew EAD.

Now the question is what happens if he uses H1 to enter. Well in that case too he can work for A. So it doesn't matter if he used AP or H1 to enter. He can still work for A.

However I am bit doubtful if using H1 to enter - would it mean acuisition of new status and thus will it mean abandonment of AOS. My guess is that "NO he won't lose AOS". However I will defer that to other folks. I am not sure there.

q- let's agree to disagree. (btw- once you enter using AP you don't resume H1B status...you are in AOS/Parolee status and can use H1 as work authorization....based on certain conditions outlined in Cronin memo)

OP- search on internet with keywords, 'cronin memo + ead + ap + h1' and you see plenty of links related to this topic. Do your research , talk to lawyer and weigh your options. Good luck.

[qesehmk]

q- let's agree to disagree. (btw- once you enter using AP you don't resume H1B status...you are in AOS/Parolee status and can use H1 as work authorization....based on certain conditions outlined in Cronin memo)

OP- search on internet with keywords, 'cronin memo + ead + ap + h1' and you see plenty of links related to this topic. Do your research , talk to lawyer and weigh your options. Good luck.

Sun totally my bad. I was way off here. Somehow I remembered my prior situation when I entered using AP (thus saved stamping H1 for myself) and then continued working on H1. I remembered lawyer had told me that my staus is H1/AOS. I guess the lawyer was wrong. I remember we had this cronin discussion with Spec on this forum a wihle back. I had completely forgotten that. Thanks for reminding.

I have corrected my prior post.

[Kanmani]

Seems I was not clear .. my point is if person enters the US using AP then he/she can not use H1 as work authorization unless he/she is using H1 sponsored by GC sponsoring employer. To give specific example if OP and his wife enter using AP they need to use EAD for work authorization until time they are back in H status either through amendment or extension. Ofcourse, they can enter using H1B visa and continue working on H1B for any employer.

Sun, I don't find anything pointing out that the H1b should also be sponsored by GC sponsor to use AP without using EAD
in any of the AP related memos.

In fact there is no necessity at all to work for the GC Sponsor even for a single day to avail the I-485 pending benefits like EAD/AP/ H1b portability etc.

As a future employee you can work in the open market using EAD, H1B while your AOS is pending but with an intention to return to the job specified in the perm after being PR.

As an advance parole entrant(Parolee), you lose only your non-immigrant status not the H1b work permit. Parolees' can regain their H1B status by extending the said H1b .