Transit Visa details and disscussion for travel on EAD/AP

[idliman]

Once you apply for AOS (I-485), then you need to be extra careful before you travel.

The following are the benefits of traveling on AP:


You do not have to apply for a new H-1B visa stamp, which is a convenient way to avoid the time-consuming visa process at a U.S. Consulate.
You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary.


Precautions:


If you have a pending Form I-485 and you leave the United States without an Advance Parole (AP) document, you would have abandoned your application (USCIS will deny your case / GC). AP is one of the four types of travel documents issued by USCIS (Others are Refugee Travel Doc, Re-entry permit and Carrier Doc).
If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. Your dependents will also be unable to be admitted in L-2 or H-4 non-immigrant status.
AP travelers may be questioned about the basis for their work authorization. When questioned, they may either present their EADs or H-1B documents. As AP is not that frequent, not all immigration offices will understand the fine prints about traveling on AP with underlying H1B status.


Other Points:


In most cases, the I-131 application is approved at the same time as the I-765, and issued together on Form I-766, EAD. This "combo card" will have language at the bottom stating "Serves as I-512 Advance Parole," which indicates it can be used for travel. Occasionally, the I-765 and I-131 applications are adjudicated separately, and the I-766 will state "Not valid for reentry to U.S." at the bottom. If this happens, an I-131 approval notice (Form I-797) a.k.a Paper AP will be issued for travel. Paper AP's are issued only with 1 year validity only.
AP must be approved prior to leaving USA to avoid voiding pending AOS/GC. This does not apply to folks who have applied to AOS and still maintain H-1B, L-1, L-2, H-4, K-3 or V status and remain eligible for that status upon entry to USA and valid visas.
An airline can accept an AP instead of a visa as a proof of authorized travel to US. Not all airlines accept AP and most countries need a Transit Visa for AP holders (e.g., Great Britain, EU Countries, etc.,). You need to account for extra time to apply for a transit visa. Travel with AP and Airline / Transit country selection is a separate topic of discussion. Generally, Middle Eastern airlines are safer and accept AP and don?t require a transit visa.
Once landing at a US port of entry (airport), you will show your EAD/AP card or paper AP document. Then you will be taken for secondary inspection (another 15 to 30 minutes). By design, Parole can only be granted by the District Authority at secondary inspection. So your passport / I-94 will be stamped as "DA" that expires 1 year from the entry date. If you still have a valid H1B stamp on your passport, then you can use that to enter USA (like normally that you had done).
Applicants for AP (I-131) must be physically present in the United States to apply. Under Donald Trump admin it took 4 to 6 months for the approval of EAD/AP documents. So plan accordingly and apply for renewal 180 days before expiry.
In 2017, USCIS changed the policy on AP. If an AP (I-131) is pending and you travel, the AP will be denied (regardless of whether you have a valid existing AP or other visa status). This did not affect pending I-485. IMO, Donald Trump admin just wanted to make it harder and more challenging for aliens to travel with AP. Later this policy was changed to if you have a valid pending I-131 and apply for renewal AP, then AP will not be denied. Because of this back and forth policy tweaks, attorneys always discourage travel when you have applied for AP. Please google and refer to the latest updates on AP by USCIS or Murthy or other law firms before you travel on AP.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel
https://www.murthy.com/2019/03/11/uscis-revises-policy-on-travel-while-ap-is-pending/



There is no fee for AP, if you had applied for AOS after July 30, 2007. See I-131 instructions PDF from USCIS website to confirm this.
In the case of a true emergency, such as a death or extreme illness in the family, an emergency AP may be granted by USCIS, but emergent business reasons generally are not sufficient for issuance of an emergency document.

[idliman]

An advantage of re-entering with H-1B status is that you will retain a lawful visa status in the event that your adjustment of status (permanent residence) application is denied. If the adjustment application is denied, based on an earlier status violation or another eligibility ground, the EAD and AP will be automatically terminated, and you will need to leave the US.
Another advantage of re-entering with H-1B status is that it will trigger Sec 245K protection, which essentially forgives you for previous status violations. Entry with AP does not trigger this protection. Google "Michael Cronin Memo" for more details.
Entry with AP also means that you could be placed into secondary inspection when you arrive at the airport. You should be prepared for that extra wait if you choose to enter with your AP documents instead of your H-1B visa.
With AP you may not be eligible to utilize the portability provisions of the H-1B visa (to change employers upon the filing of a new H-1B).

[vsivarama]

I have an unrelated question for the experts on AP. As you guys know that people cannot fly via most European countries with an expired US visa. How does this change if you intend to travel on AP? Can we still not move through the European airports?

[mcmilers]

yes. AP is not recognized for transit through quite a few EU countries. you can google the list of countries, I know UK is one and probably Germany too. I did transit through France (CDG) in dec-2019 with an AP so CDG is OK.

[vsivarama]

ok, looks like not much changes when it comes to travel to India. Thanks for the response!

[nbk1976]

https://ec.europa.eu/home-affairs/sites/homeaffairs/files/annex_7b_atv-national_lists_en.pdf
I have an unrelated question for the experts on AP. As you guys know that people cannot fly via most European countries with an expired US visa. How does this change if you intend to travel on AP? Can we still not move through the European airports?

This website shows which EU country requires transit visa for Indian passport-holders:

https://ec.europa.eu/home-affairs/sites/homeaffairs/files/annex_7b_atv-national_lists_en.pdf

CZ (Czechia), DE (Germany), and ES (Spain).

[AceMan]

I have an unrelated question for the experts on AP. As you guys know that people cannot fly via most European countries with an expired US visa. How does this change if you intend to travel on AP? Can we still not move through the European airports?

It is really surprising to see people still using European flights who discriminate against Indian passengers with these outdated road blocks. My mom had to shell out money for stupid transit visa because we used Air France back in 2007. We should not subject ourself to these discriminatory practices.

Fly direct United or Air India. Or use middle eastern flights from east coast or use South eastern flights for west coast.

[smuggymba]

yes. AP is not recognized for transit through quite a few EU countries. you can google the list of countries, I know UK is one and probably Germany too. I did transit through France (CDG) in dec-2019 with an AP so CDG is OK.

Before the chinese virus, I used to travel via AMS every month on AP. Always avoided Paris CDG.

[gayathrianil]

Gurus,
not sure if this is the right thread to ask questions on AP but i have few questions please move it to correct thread if not so. Thanks so much for all the people providing your valuable inputs here.

I have applied 485(AP+EAD) with my old employer, once i get the AP.
1) is it possible to travel using that AP even though i dont work for them yet.
2) If yes, then can i work for my new employer on H1b after entering on AP from old employer
3) I am planning to go to my old employer after GC , would it cause any problem in GC process. Please enlighten me here, so i can make plans accordingly . Thank you very much.

[idliman]

List of countries that require a Transit Visa if you are traveling on AP (incomplete list)


Great Britain (UK)
Germany
Spain
Czechia (Czech Republic)


Thanks nbk1976 (EU Countries that require transit visa for Indian Passport Holders)
https://ec.europa.eu/home-affairs/sites/homeaffairs/files/annex_7b_atv-national_lists_en.pdf

[idliman]

List of countries or Airports that do not require Transit Visa (Incomplete List)


CDG (France / Paris)
AMS (Netherlands / Amsterdam)
DXB (Dubai / Saudi Arabia)
DOH (Doha / Qatar)
AUH (Abu Dhabi / UAE)


You can also refer to the list in immihelp (https://www.immihelp.com/foreign-transit-visa-requirements-for-india-usa-travel/).

[idliman]

The list of countries or member experiences for travel with AP is very useful. I did not know the requirements of AP + Transit Visa requirement until I booked the ticket via LHR (London Heathrow). Then I had a mad scramble to get a transit visa.

I think we need to archive the posts and update / move them to the AP forum.

[vedu]

The list of countries or member experiences for travel with AP is very useful. I did not know the requirements of AP + Transit Visa requirement until I booked the ticket via LHR (London Heathrow). Then I had a mad scramble to get a transit visa.

I think we need to archive the posts and update / move them to the AP forum.

idliman,

just for clarification...if we have UK Transit Visa, then we are allowed to travel through LHR while returning to US...right? By the way, how to get UK transit visa? Please share some links if know any.

[idliman]

idliman,

just for clarification...if we have UK Transit Visa, then we are allowed to travel through LHR while returning to US...right? By the way, how to get UK transit visa? Please share some links if know any.
We did it about 2.5 years back. My wife took the lead so I barely remember the details. We had already purchased the ticket when we started the process. You need to go to their website and run through a questionnaire. Based on the intended dates of travel, the website will pick an option. Then you need provide financial details (bank balances, investments, etc.,). At the end you will be given an appointment for Biometric. It is done at the same ASC that is used for USCIS I-485 fingerprinting. Then you will mail the forms with return envelope to NY. After that you will get the Passport with transit visa stamp. I think it took them 3 weeks to process after paper work reached NY.

While going to India, you don't need a transit visa (you have the passport for the final destination). While coming to USA, the airline (BA) checked the transit visa and EAD/AP at MAA airport and then let us board. Even though the transit visa process was a pain (and costed more money), the MAA-LHR-CLT route was very efficient.

If you are traveling with an Indian Passport and EAD/AP, then middle eastern airlines are the least hassle. Etihad (does the immigration in Abh Dhabi) and you can avoid CBP process in USA.

[mcmilers]

We did it about 2.5 years back. My wife took the lead so I barely remember the details. We had already purchased the ticket when we started the process. You need to go to their website and run through a questionnaire. Based on the intended dates of travel, the website will pick an option. Then you need provide financial details (bank balances, investments, etc.,). At the end you will be given an appointment for Biometric. It is done at the same ASC that is used for USCIS I-485 fingerprinting. Then you will mail the forms with return envelope to NY. After that you will get the Passport with transit visa stamp. I think it took them 3 weeks to process after paper work reached NY.

While going to India, you don't need a transit visa (you have the passport for the final destination). While coming to USA, the airline (BA) checked the transit visa and EAD/AP at MAA airport and then let us board. Even though the transit visa process was a pain (and costed more money), the MAA-LHR-CLT route was very efficient.

If you are traveling with an Indian Passport and EAD/AP, then middle eastern airlines are the least hassle. Etihad (does the immigration in Abu Dhabi) and you can avoid CBP process in USA.

I have found CBP process to be better in US compared to AUD. Both time I was pulled in for a random PP check without any explanation, my family was not told anything except I'll meet them at the gate. My wife was scared the first time as to whats happening. I prefer immigration and customs in US rather in some middle eastern country.

[vedu]

We did it about 2.5 years back. My wife took the lead so I barely remember the details. We had already purchased the ticket when we started the process. You need to go to their website and run through a questionnaire. Based on the intended dates of travel, the website will pick an option. Then you need provide financial details (bank balances, investments, etc.,). At the end you will be given an appointment for Biometric. It is done at the same ASC that is used for USCIS I-485 fingerprinting. Then you will mail the forms with return envelope to NY. After that you will get the Passport with transit visa stamp. I think it took them 3 weeks to process after paper work reached NY.

While going to India, you don't need a transit visa (you have the passport for the final destination). While coming to USA, the airline (BA) checked the transit visa and EAD/AP at MAA airport and then let us board. Even though the transit visa process was a pain (and costed more money), the MAA-LHR-CLT route was very efficient.

If you are traveling with an Indian Passport and EAD/AP, then middle eastern airlines are the least hassle. Etihad (does the immigration in Abh Dhabi) and you can avoid CBP process in USA.

Thank you for the info! I had the worst experience travelling through London last time. I was completely unaware of these things that time. Going to India via LHR was not a problem at all. While returning to US, me and my family were issued all the boarding passes right up to our final destination in US though LHR. First leg of return journey was a domestic flight to Mumbai...no problem. Then at the Mumbai airport, immigration was cleared, luggage was automatically transferred from the domestic flight to the international flight. When boarding started at midnight, I was stopped by the airlines at the gate. Nothing I did helped convince them to let me board the flight. Unfortunately I was stuck in Mumbai, then next day, I somehow managed to get new tickets...this time a direct flight to US. But once I got back, I wrote to the CEO of American Airlines explaining to him all my miseries, and the airline refunded my return tickets (in cash, and not in stupid vouchers).

[rabp77]

It is really surprising to see people still using European flights who discriminate against Indian passengers with these outdated road blocks. My mom had to shell out money for stupid transit visa because we used Air France back in 2007. We should not subject ourself to these discriminatory practices.

Fly direct United or Air India. Or use middle eastern flights from east coast or use South eastern flights for west coast.

Although the embacies recommend getting a transit visa, i have never hearad of a case where there were problem flying though France or Germany (even when US visa stamp had to be done in india). It practically does not make sense if they prevent someone from flying to a country they are citizens of. It make sence to check for having a valid visa for destination when they are not citizens of the destination country. So i dont know if this is ever enforced while flying to home country, although its recommended by embassy.

[srimurthy]

This thread captures the Transit Visa details for multiple countries especially Europe and discussion for travel on EAD/AP

[idliman]

This thread captures the Transit Visa details for multiple countries especially Europe and discussion for travel on EAD/AP

There is an existing thread on the AP forum
https://www.qesehmk.org/forums/showthread.php/2935-Travel-with-AP-and-Pending-I-485-(AOS)-Green-Card-Application
(https://www.qesehmk.org/forums/showthread.php/2935-Travel-with-AP-and-Pending-I-485-(AOS)-Green-Card-Application)
If you can merge both that would be great. It is better if all the travel related info for AP is in the same place.

[txsguy]

I have a question and maybe EAD veterans can answer.
Let say I get my EAD/AP and start working and travelling on EAD/AP. I understand the H1B goes dormant. Due to delays in EAD/AP renewals causing difficulties in international trips, the company or a new company is willing to renew the expired H1B and I get h1b stamping done at a consulate.
Will this affect the pending AoS or is it perfectly ok?

[idliman]

I have a question and maybe EAD veterans can answer.
Let say I get my EAD/AP and start working and travelling on EAD/AP. I understand the H1B goes dormant. Due to delays in EAD/AP renewals causing difficulties in international trips, the company or a new company is willing to renew the expired H1B and I get h1b stamping done at a consulate.
Will this affect the pending AoS or is it perfectly ok?
Once you have filed I485 you need to travel with approved AP or else your I485 will be abandoned. An alternative is maintaining H1B status and using that status to work and enter USA while AOS is pending. Once you file EAD/AP extension, you are eligible for automatic extension for 180 days. However that does not include AP. Once you file timely extension of EAD/AP 180 days before expiry date, you will get a new EAD/AP. Whatever delays that we are seeing now are the aftereffects of DT admin. Thing will start improving once the JB admin appointees take their offices.

Your question is more appropriate for AP / travel related thread.

[idliman]

Linky (https://help.cbp.gov/s/article/Article-1717?language=en_US)

Jun 30, 2021
TITLE
Presidential Proclamation - Proclamation on the Suspension of Entry as Non-Immigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease

URL NAME
Article-1717

CONTENT

Effective, on May 4, 2021, in accordance with Proclamation on the Suspension of Entry as Non-Immigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease.The entry into the United States of all noncitizens, who have been physically present in India during the 14-day period preceding their entry or attempted entry into the United States, is suspended.

U.S. Customs and Border Protection will begin enforcement to this Proclamation as it relates to any travelers who have been present in India and that arrive in the United States on flights that departed after 12:01a.m EDT on May 4, 2021.

The suspension of entry under the Proclamation does not apply to:

any lawful permanent resident of the United States.
any noncitizen who is the spouse of a U.S. citizen or lawful permanent resident.
any noncitizen who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21.
any noncitizen who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21.
any noncitizen who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications.
any noncitizen traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus.
any noncitizen traveling as a nonimmigrant pursuant to a C-1, D, C-1/D, L, H or B1 nonimmigrant visa as a crewmember or any noncitizen otherwise traveling to the United States as air or sea crew joining a vessel or aircraft in the United States.
any noncitizen A. seeking entry into or transiting the United States pursuant to an A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee?s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 visa (or seeking to enter as a nonimmigrant in one of those NATO categories); B. whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement
members of the U.S. Armed Forces, spouses, and children of members of the U.S. Armed Forces.
any noncitizen whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the Centers for Disease Control and Prevention Director, or his designee.
any noncitizen whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, noncitizen whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.
any noncitizen whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.


Noncitizens excepted by the Proclamation who have been present in India within the prior 14 days and who are seeking to enter the United States at an international airport must possess a valid passport and valid visa or other permissible travel authorization, and one of the following:

An I-551 (Green Card).
An A-1, A-2, C-2, C-3, E-1, G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 visa.
A C-1, D, C-1/D, L, H or B1 crew visa.
An advance parole document.
Documentation evidencing that the noncitizen is traveling at the invitation of the United States government for a purpose related to containment or mitigation of the virus.
Other documentation from the U.S. Department of Homeland Security, U.S. Customs and Border Protection, or U.S. Department of State indicating that the noncitizen has been determined to fall within an exception identified above.
For potential exceptions related to spouses, parents, siblings, or children of U.S. citizens or lawful permanent residents, documentary evidence of the qualifying relationship and status of the relative, along with travel documents that would ordinarily be required for the stated purpose of the noncitizen?s travel.

[montyp80]

List of countries that require a Transit Visa if you are traveling on AP (incomplete list)


Great Britain (UK)
Germany
Spain
Czechia (Czech Republic)


Thanks nbk1976 (EU Countries that require transit visa for Indian Passport Holders)
https://ec.europa.eu/home-affairs/sites/homeaffairs/files/annex_7b_atv-national_lists_en.pdf

I came across an interesting workaround for being exempted from requiring transit visa while travelling on AP. One can apply for Canada visa which are usually valid until passport expiry. Holding a valid Canadian visa exempts people from requiring transit visa while travelling through Europe and UK.

Resources:
https://ec.europa.eu/home-affairs/policies/schengen-borders-and-visa/visa-policy/who-must-apply-schengen-visa_en
https://www.gov.uk/transit-visa/visitor-in-transit-visa