Transit Visa details and disscussion for travel on EAD/AP
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/gre...ergency-travel
https://www.murthy.com/2019/03/11/us...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.
Advantages of Using H1B over AP
- 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).
Transit Visa details and disscusion for travel on EAD/AP
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?
Transit Visa details and disscusion for travel on EAD/AP
https://ec.europa.eu/home-affairs/si...l_lists_en.pdf
Quote:
Originally Posted by
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?
This website shows which EU country requires transit visa for Indian passport-holders:
https://ec.europa.eu/home-affairs/si...l_lists_en.pdf
CZ (Czechia), DE (Germany), and ES (Spain).
Countries that require Transit Visa for AP Holders
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/si...l_lists_en.pdf
List of countries or Airports that do not require Transit Visa
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.
Transit Visa details and disscusion for travel on EAD/AP
This thread captures the Transit Visa details for multiple countries especially Europe and discussion for travel on EAD/AP
Presidential Proclamation - Proclamation on the Suspension of Entry as Non-Immigrants
Linky
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.
