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Travel With EAD and AP

Travel With EAD and AP

Old Nov 25th 2019, 7:34 pm
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Default Travel With EAD and AP

Hello,

I did search although someone is bound to give me my own 'Google is your friend moment' :-)

Quick question, I have an E1 visa which is good for another three odd years and have just received my EAD / AP card as part of the AOS (GC through work) process. I intend to travel to Europe over Christmas and I realise I must use this card when re-entering the US. Is this in conjunction with my visa or is it completely separate? I will of course have both with me, just the question raised it's head as my BA booking required my visa number for the advanced passenger information.

I also have GE, however that is tied to my visa so will not use that.

Many thanks for any help / clarification,

Best regards,
SB
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Old Nov 25th 2019, 8:03 pm
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Default Re: Travel With EAD and AP

Originally Posted by scaly back View Post
Hello,

I did search although someone is bound to give me my own 'Google is your friend moment' :-)

Quick question, I have an E1 visa which is good for another three odd years and have just received my EAD / AP card as part of the AOS (GC through work) process. I intend to travel to Europe over Christmas and I realise I must use this card when re-entering the US. Is this in conjunction with my visa or is it completely separate? I will of course have both with me, just the question raised it's head as my BA booking required my visa number for the advanced passenger information.

I also have GE, however that is tied to my visa so will not use that.

Many thanks for any help / clarification,

Best regards,
SB
i think you have it backwards... if you have a valid visa you don’t use the EAD/AP at least that’s what I was told by my employers lawyer when I received them them (still separate docs back then) during AOS from L1a to PR as an EB1c...
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Old Nov 25th 2019, 8:35 pm
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Default Re: Travel With EAD and AP

Originally Posted by tht View Post


i think you have it backwards... if you have a valid visa you don’t use the EAD/AP at least that’s what I was told by my employers lawyer when I received them them (still separate docs back then) during AOS from L1a to PR as an EB1c...
Ah, okay, I thought I read somewhere that certain visa's (L1 included) you did exactly as you describe above. I was under the impression that with other types (E1) you needed to use the advance parole. I'm sure there was a thread a while ago from someone who had AP but entered using GE that was tied to his original visa, which he then subsequently had to sort out.

The lawyers my company appointed are not what I would call particularly knowledgeable on this, which is worrying :-)
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Old Nov 25th 2019, 10:57 pm
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Default Re: Travel With EAD and AP

Originally Posted by scaly back View Post
Ah, okay, I thought I read somewhere that certain visa's (L1 included) you did exactly as you describe above. I was under the impression that with other types (E1) you needed to use the advance parole. I'm sure there was a thread a while ago from someone who had AP but entered using GE that was tied to his original visa, which he then subsequently had to sort out.

The lawyers my company appointed are not what I would call particularly knowledgeable on this, which is worrying :-)
The advise I got was to apply for the EAD/AP as a backup in case the visa expired or you lost your job while waiting for AOS to PR. But not to use it unless one of those happened. Can’t think why it would be different on an E, there should be others on here with firsthand experience.
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Old Nov 26th 2019, 12:06 am
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Default Re: Travel With EAD and AP

Originally Posted by tht View Post


The advise I got was to apply for the EAD/AP as a backup in case the visa expired or you lost your job while waiting for AOS to PR. But not to use it unless one of those happened. Can’t think why it would be different on an E, there should be others on here with firsthand experience.
Thanks for your replies, I was just wondering if there was a cut and dried procedure with these things. I'll go back to annoying the lawyers in the meantime, see if I can get an answer from them. Don't get me wrong, I'm sure you are a 100% correct, just don't want to mess up at this late stage.
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Old Nov 26th 2019, 12:18 am
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Default Re: Travel With EAD and AP

Originally Posted by tht View Post
Can’t think why it would be different on an E, there should be others on here with firsthand experience.
It is different I'm afraid.

There is a specific rule that allows L and H-1B visa holders to leave and return without having their adjustment of status application abandoned. This doesn't apply to E visa holders.

You will need to use your EAD/AP card at check-in and at the border so that you are paroled in by CBP. Don't let them admit you using your visa.
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Old Nov 26th 2019, 12:33 am
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Default Re: Travel With EAD and AP

Originally Posted by Olly_ View Post
It is different I'm afraid.

There is a specific rule that allows L and H-1B visa holders to leave and return without having their adjustment of status application abandoned. This doesn't apply to E visa holders.

You will need to use your EAD/AP card at check-in and at the border so that you are paroled in by CBP. Don't let them admit you using your visa.
Thank you very much, this is what i suspected. So when I check in at Heathrow I should do so using the EAD/AP rather than my visa? Should I change my advance passenger information with BA to reflect this rather than my E1 number?

Man, this is complicated :-)
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Old Nov 26th 2019, 12:36 am
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Default Re: Travel With EAD and AP

I don't think you'll be able to put your AP info online, the form just isn't geared up for that. You'll have to check-in in person I expect.

It's what you present at the border that really matters anyway.
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Old Nov 26th 2019, 12:52 am
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Default Re: Travel With EAD and AP

Originally Posted by Olly_ View Post
I don't think you'll be able to put your AP info online, the form just isn't geared up for that. You'll have to check-in in person I expect.

It's what you present at the border that really matters anyway.
Yes, I've always had to do that with the visa so no added chore. Thanks Olly, I really appreciate your replies on this,

Best regards,
SB
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Old Nov 26th 2019, 2:45 am
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Default Re: Travel With EAD and AP

When we were going through AoS from O-1/O-3 visas I travelled with my AP card. At POE I presented the passport and AP card together, this resulted in being sent to secondary to sit around until an agent called me up to the counter, stamped my passport as paroled in and sent me on my way.
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Old Nov 26th 2019, 12:11 pm
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Default Re: Travel With EAD and AP

Originally Posted by Olly_ View Post
It is different I'm afraid.

There is a specific rule that allows L and H-1B visa holders to leave and return without having their adjustment of status application abandoned. This doesn't apply to E visa holders.

You will need to use your EAD/AP card at check-in and at the border so that you are paroled in by CBP. Don't let them admit you using your visa.
i think I recall now, is this because some are dual intent and others are not? Always think US immigration is such a patchwork of rules and work arounds, I guess if it was simple lawyers would not have the LTPM they dem to have.
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Old Nov 26th 2019, 11:58 pm
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Default Re: Travel With EAD and AP

Thank you all for your replies, it truly is a bit of a swamp when it comes to various combinations of visa and such like. I now have a plan, shall walk into the Dulles CBP with my AP stapled to my forehead :-) The worst of it is, is I've been completely spoiled by having GE, next time through I'll have secondary to look forward to on top of joining the 'big' queue
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