Yes, you can travel while your AP is pending as long as the current one is still valid.
https://www.murthy.com/2019/03/11/us...ap-is-pending/
Printable View
Yes, you can travel while your AP is pending as long as the current one is still valid.
https://www.murthy.com/2019/03/11/us...ap-is-pending/
Scenario 1: AP renewal pending and your current AP is valid, you can travel abroad and comeback on current AP before its expiry. You can also enter on a non-immigrant visa if you choose to. Your pending AP renewal is not abandoned.Quote:
Originally Posted by excalibur123
Scenario 2: AP renewal pending and you travel abroad. Then, if your current AP expires while you're abroad, you may choose to enter on a non-immigrant visa. In this scenario your pending AP renewal is abandoned and you have to reapply again while you're in US.
Scenario 3: AP renewal pending and your current AP expired already. You may choose to travel and come back on a non-immigrant visa. But, your pending AP renewal is most likely abandoned. If abandoned, you have to reapply again while you're in US. March 2019 memo says otherwise, though.
This is what I got when I talked to a lawyer.
Quote:
Originally Posted by jimmys
There is Confusion because late 2017 the administration secretly passed a directive rendering pending AP applications as void if one travelled outside the US even with a Valid AP (IOWs you cannot travel when AP is pending). This was not notified to all USCIS employees, nor was a bulletin issued . I travelled to India Summer of 2018 but before that I went to the USCIS office and asked the officer if I could travel as I had heard some forums discussing this new draconian law . The lady told me that it was all false and my travel was safe as along I returned before My current AP expired. I visted India for 2 weeks , came back and in about 4 weeks I got a letter that my AP was denied due to travel when AP was in process . They clearly put my dates of travel too. I had to reapply and thankfully the AP came in 2 months . The downside My EAD card is 2 years but AP is 1 year and no combo card. However the USCIS reversed the decision a few months ago .
https://www.uscis.gov/green-card/gre...ergency-travel
If you file Form I-131, Application for Travel Document, to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your Form I-131 will be considered abandoned. At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation.
So looks like its safe to travel, but you cannot trust the USCIS as rules these days can change according to the whims and fancies of these officials .
Anyway I applied mine 6 months ago and they are still processing applications from May 9th . My Ap has expired and can't travel.
travelling will invalidate the pending AP as per the new administration. A current valid AP is good for travel.
Hi @Dondraper , Please read my post (the one before yours) . They reversed that rule a few months ago. I have pasted the USCIS link too - https://www.uscis.gov/green-card/gre...ergency-travelQuote:
Originally Posted by Dondraper
Hi, Have a general question. hopefully I will receive my EAD and Parole document in couple of months. Using that, can I travel outside of US and come back, or really it has to be on emergency situation only, do I need to show supporting document explaining emergency situation at port of entry in US?
2nd Question, if I travel on Parole and return to US, will my H1B visa considered cancelled ?
Answer to your first Q - With a valid AP you can travel and return to the US. Just make sure the AP is valid for the whole duration of travel. You can travel for any reason . I have done a few in teh past i.e vacation, work etc. No restrictions .Quote:
Originally Posted by IamGSN
Answer to your second Q : There is no impact on your HIB. But when you return , if your HIB is not stamped on your passport your will be paroled into the US. Not an issue , except that you will need to go to secondary immigration where the wait can be as long as 4 hrs. Its just a wait , to make it as hard on you
It's been very long time I had done this ... almost 10 years... but i believe the situation hasn't changed at all ... so I am answering this.Quote:
Originally Posted by IamGSN
1) You can use AP for any reason. Doesn't need to be emergency. So travel worry free. No need to explain anything to anybody unless specifically asked.
2) AP by definition maintains whatever your last status was before you left US. So if your prior status was 485 only ...it will continue. If it was dual status H1B and 485 pending then that will continue. Even otherwise ... lets say you have a new H1B approval but do not have a stamp in your passport, it really does not matter. Acquiring H1B only requires intent if you are in the US. In other words ... you simply start using it. I don't think your lawyer even has to declare that to USCIS or DoS.
So relax ... enjoy and come back worry free!
I've been using AP for last 7 years to get in the country but never waited more than 20-30 mins in secondary.Quote:
Originally Posted by Moveon
My Last 3 were terrible . last one was 3.5 hrs at SFO. Before was about 3 and 2Quote:
Originally Posted by mcmilers
Where did you enter ?
Thanks a lot to Q, Moven and others, for detailed explanation. I am going to travel after many years, this gives lots of confidence.Quote:
Originally Posted by qesehmk
Anytime. Just remember that you will not be able to clear immigration at the first counter. They will finger print you and send you to secondary immigration where you will need to provide your AP, passport and drivers license(or any other Govt issued id). Its just the wait in that room that is a killer but they don't ask you any Qs . Your I-94 will be stamped for only one year , but as your are on AP the i-94 is more of a formality and you can stay over that period. I have been using AP for the last 8 years .Quote:
Originally Posted by IamGSN
Hi Moveon,Quote:
Originally Posted by Moveon
I've used AP at DFW, ORD, and AUH (twice). Have a India trip planned for this month, coming back in Jan, port of entry is DTW, hopefully if wouldn't be that bad (fingers crossed).
I suppose DFW has less immigrants coming in vs SFO . Its just that over that last 2-3 years they have gotten very strict about people with sketchy papers. Its a single Q with no priority for people who have all the paper work . They have just 2 people working the Q and its like a Head of Line blocking issue.Quote:
Originally Posted by mcmilers
I suppose lot of folks with sketchy papers try to enter via SF hoping that its a more lenient entry point. There are people sitting on the floor and the hallways .
I received an RFE email. My PD is 21-Dec-2009. Any one received RFE recently? I did submit my Supplement J 6 months back
Hi Umesh, what is the RFE for ? Medicals / Supplement J ?Quote:
Originally Posted by Umesh1209
Did you change jobs ?
I got an email today. I don't know the details. I got a promotion earlier this year and filed a supplement J 6 months back. The RFE is for my 485 case not my supplement J case.
I have passed through DTW on AP multiple times. Immigrant traffic volume at DTW is lower compared to places like SFO/ORD - and I have not had any trouble at all. Wait times for secondary processing are on the order of 20min to 1hour - but more often on the lower side of the scale.
Quote:
Originally Posted by mcmilers
Hi folks,
I would like to know if anyone in this forum has applied for EAD for minor based on parent's Adjustment of Status. If so could you please share your experiences and any special documents you may need to submit.
Thanks.
One of my friends has gotten an Approved PERM and is about to file for 140 this month (His EB3 PD is late jun 09). PERM was done based on the assumption that it'd be for EB2
So,
Can he file under multiple visa categories this month - EB2 and EB3+485 based one the same original PERM? (as he can file for 485 along with EB3-I for Dec, based on "filing" date)
although USCIS says its possible, under "If You Want USCIS to Consider Multiple Visa Categories for a Beneficiary" -- https://www.uscis.gov/forms/petition...ker#Requesting
the example they take is for EB1 and EB2NIW - both of which do NOT need PERM
and hence my Q on EB2,EB3 (since they need PERM)
many thanks!
As discussed earlier, I also got an RFE for I485J. Don't worry it is a standard procedure unless they don't agree to AC21 justification. As I485J gets its own receipt number, you can check the status and see if it has been approved or not. Usually, the I485J RFE is for:Quote:
Originally Posted by Umesh1209
1. I-693 Medicals
2. G-325A Biographic Information Form
3. G-28 Form (if attorney had changed)
4. I485 Supp J (if you had used AC21)
5. Any other concerns or supporting info asked in RFE.
Get ready for your medicals. If you have not taken the flu shot for this season do it. All the vaccinations need to be current for medicals.
If there is 485 pending for the child then he/she can get EAD.Quote:
Originally Posted by asankaran
He mentioned his RFE is not for 485J. It's for 485 itself.Quote:
Originally Posted by idliman
Sorry. Missed that detail. If an existing I485 case is suddenly getting an RFE, then I can think of a) USCIS wants some justification regarding status for a particular period, b)The new officer wants some extra documentation for say BC/medicals c) They want more clarification / justification for AC21 porting job classification... Any other ideas?Quote:
Originally Posted by jimmys
Dates moving forward?Quote:
Originally Posted by idliman
(/s, *ducks*)
Hi idliman,Quote:
Originally Posted by idliman
When was the last time you got an RFE ? In Sept of 2018 USCIS sent out RFEs for those who got EADs in 2012 . Is this a second wave
No. Mine was due to filing AC21/I485J. I am in Texas Service Center. As far as I know all the pending I485 in Nebraska Service Center got RFEs around that time frame. My friend with PD in early 2010 got it. AFAIK, TSC did not issue mass RFEs for pending I485s.Quote:
Originally Posted by Moveon
thanks idliman . Just make sure you file within 60 days of the Doctor signing it. Medicals are valid for 2 years now .Quote:
Originally Posted by idliman
The updated policy, which goes into effect on Nov. 1, 2018, will require applicants to submit a Form I-693 that is signed by a civil surgeon no more than 60 days before filing the underlying application for an immigration benefit. The Form I-693 would remain valid for a two-year period following the date the civil surgeon signed it.
https://www.uscis.gov/news/alerts/us...-manual-update
Thanks for your clarification
The forum is very quiet regarding predictions. Any predictions for Jan Visa bulletin that is coming out anytime? Some optimistic people are predicting movement (FB visa spillover?). However, nothing has materialized so far. Come on people spill the beans!
Expecting at least a week of movement for EB2-I and a month for EB3-I due to the FB Spillover. Am i being too optimistic?Quote:
Originally Posted by idliman
Any traction on your Advance Parole application?Quote:
Originally Posted by Moveon
EB2 will move by 3 days.
Quote:
Originally Posted by idliman
We simply do not have the pending inventory report. The last one is from July 2018. No offense to anyone but when the predictions are done here- no matter how many times you chew the same old information- the Priority dates are not moving anymore. They may move few days, even with FB spillover, probably a week at best. We are into 2020 in 2 weeks and dates are going to not go past beyond 2009 for the next 5 years. That’s the realityQuote:
Originally Posted by idliman
Speaking of FB spillover, if EB2 WW demand is close to last year's, then EB2 India may see a couple of months movement late in this FY. If that happens it's going to be in Apr-June quarter. But, CO talked about EB2 WW demand at 11K in the first 45 days or so of this FY. So let's wait and watch.
CO also said EB3 WW demand is at 13K in the first 45 days of this FY. This is not a good sign for EB3 India. CO already talked about retrogressing EB3 WW in Jan. I hope the 13K demand is due to retrogression from last year and there's no retrogression in EB3 WW dates in Jan (or this FY).
Also, Oct CP processing had about 200 cases for EB3 India. Hopefully this is just pent up demand from last year due to retrogression.
Jimmy, hope EB2I moves couple of months as you say. If it moves how many months are you talking about. Would you expect to clear September?Quote:
Originally Posted by jimmys
Expecting the EB2-I dates to move by a week if the FB spillover is used in this quarter. and EB3-I as usual might stay at the same date for this quarter as well.
Hi Anfu02 ,Quote:
Originally Posted by anfu02
No its still saying "Received" . The current processing date is May 16th for NSC. I applied on June 15th .
It now officially taking 8 months at NSC to issue an AP that lasts for 12 months.
I feel that it will take a minimum 3 years from now to clear 2009 even with some spillovers. EB3 porting may not impact us much as they will go hand in hand .Quote:
Originally Posted by canada
Sad but true..
We are ever hopeful something good will happen next, next, next, next visa bulletin, year ..... I think 2023- we will still be clearing 2009 with some random excuse ahem... reason/ theory with no basis. The situation is intended to make it as if uneducated people come to Dubai to work with no path to citizenship... the difference here being educated waiting decades in line hoping to get the greencard.