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Travelling with EAD and AP

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  • Travelling with EAD and AP

    I got my EAD and AP approved in March 2017 ( I had applied in Dec 2016)
    I am looking to travel to India in September 8 - 25.

    I was on my O visa that expired in March and on pending EB1 status.
    Do you think I will have problem re entering the country with EAD / AP through LAX?

    I heard that they are rejecting AP after second inspection. Is that a rumor ?

    Has any have recent experience (August) travelling with AP from LAX ?

    Let me know! Thanks!

  • #2
    Originally posted by pjjoshi View Post
    I got my EAD and AP approved in March 2017 ( I had applied in Dec 2016)
    I am looking to travel to India in September 8 - 25.

    I was on my O visa that expired in March and on pending EB1 status.
    Do you think I will have problem re entering the country with EAD / AP through LAX?

    I heard that they are rejecting AP after second inspection. Is that a rumor ?

    Has any have recent experience (August) travelling with AP from LAX ?

    Let me know! Thanks!
    Yes it is just a rumor. The whole purpose of AP is to allow for international travel. Entry into the US, irrespective of your visa status, is at the discretion of the CBP officer. So you could be on H1/O and still get rejected admission. Same goes for AP holders. However, just as with H1/O visa, as long as there is nothing abnormal about your case, you should be OK to travel using AP too. The only complication is, if your EB1 gets adjudicated and rejected during your travel abroad, you will be rejected admission since a EB1 rejection automatically invalidates the corresponding AP.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by scientist2016 View Post
      Yes it is just a rumor. The whole purpose of AP is to allow for international travel. Entry into the US, irrespective of your visa status, is at the discretion of the CBP officer. So you could be on H1/O and still get rejected admission. Same goes for AP holders. However, just as with H1/O visa, as long as there is nothing abnormal about your case, you should be OK to travel using AP too. The only complication is, if your EB1 gets adjudicated and rejected during your travel abroad, you will be rejected admission since a EB1 rejection automatically invalidates the corresponding AP.
      Thanks for respond. This makes sense.

      Comment

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