Travelling this weekend on AP..Need urgent help!..

[ananddnana]

Me & my wife had to travel to India on an emergency on the 5th of this month. I work on H1 & my wife is on H4. I received the AP & EAD approval while I am here in India. My lawyer has sent all the documents(AP, EAD Card, 485 receipt notice) to me. I don't have a valid H1 stamping on my passport. However, I have the H1 extended until 2010. I intend to use AP for travel. I have the following questions

1. Does it matter that I received the approval while I were in India?
2. I didn't get the Finger Printing notice yet. My AOS is pending & i have the receipt notice. Would this create any problems @ the POE?
3. What documents would I need other than the AP?
4. DO they ask any speific questions @ the POE?

Any help will be highly appreciated.

Thanks in advance
Anand

[PraetorianXI]

in Bold.

Me & my wife had to travel to India on an emergency on the 5th of this month. I work on H1 & my wife is on H4. I received the AP & EAD approval while I am here in India. My lawyer has sent all the documents(AP, EAD Card, 485 receipt notice) to me. I don't have a valid H1 stamping on my passport. However, I have the H1 extended until 2010. I intend to use AP for travel. I have the following questions

1. Does it matter that I received the approval while I were in India? That depends... was the AP approved before you left the US or after? (it doesn't matter when it was received, but when it was approved... what is the date on it?) IF it was approved AFTER you left the US you can not use it, if you do, your AOS will be considered abandoned because you LEFT BEFORE it was approved. You must use your H1.
2. I didn't get the Finger Printing notice yet. My AOS is pending & i have the receipt notice. Would this create any problems @ the POE? I do not see why not having the FP taken yet would be a problem.
3. What documents would I need other than the AP? Well, if you will be using AP (see answer to question 1) you will need your passport and your AP document, and maybe the I-485 receipt.
4. DO they ask any speific questions @ the POE? They may ask about your Adjustment of Status, but nothing that we can really predict here. You should be fine using your H1 (get it stamped).

Any help will be highly appreciated.

Thanks in advance
Anand

[ananddnana]

I left USA on 4th coz my father passed away & the AP was approved on the 10th. My lawyer says it should not be a problem because it was a emergency trip. She says if I can show the death certificate, I should be OK. What do you think?

[PraetorianXI]

I am not a lawyer, but I think your lawyer may be mistaken.

You must have an approved AP, before you leave the country, in order to re-enter the country using it.

Look at the info here: https://www.immihelp.com/i-485-adjus...ce-parole.html

Particulary this part that says: "
You must apply for advance parole before leaving the US.
If you depart from the US or attempt to enter the US before a decision is made on the application, your application will be considered abandoned."In this case, there is an exception for you... because you hold an H1 visa... because of that your I-485 will not be abandoned... if you re-enter with that H1 visa that is!!!

You AP is not valid... according to that reasoning...

The Immigration Officer at the POE will have the definite answer... but I would not risk your application being denied because you used an AP that was approved AFTER you left the country.

It doesn't matter the emergency. AP is meant for emergencies. Sorry about your father though.

[medaramesh]

Can you post how managed

Hi
Can you post the information as how you managed finally. That could help us in understanding the situation.