Urgent help: EAD AP approved BUT i don't have the card. Can I enter the US?

[nagpal2011]

Hello - Here is a summary of my situation. Will appreciate reliable guidance at the earliest.

I am presently in India
My EAD/AP expired on 11/30/17
I had filed for renewal in August 2017
I just received the I 797 stating the EAD / AP renewal application has been approved. The notice is available to me via email (scanned copy)
I dont have the actual EAD/AP card. Watching my mail but nothing has arrived yet
I am due to return to the USA on January 5th 2018

My question is ----- can I enter the US without the actual EAD/AP card but with the copy of the I 797 notice? Has anyone here done that? What was the experience and/or repercussions, if any?
What are my options?

Appreciate your help!

[newacct]

Hello - Here is a summary of my situation. Will appreciate reliable guidance at the earliest.

I am presently in India
My EAD/AP expired on 11/30/17
I had filed for renewal in August 2017
I just received the I 797 stating the EAD / AP renewal application has been approved. The notice is available to me via email (scanned copy)
I dont have the actual EAD/AP card. Watching my mail but nothing has arrived yet
I am due to return to the USA on January 5th 2018

My question is ----- can I enter the US without the actual EAD/AP card but with the copy of the I 797 notice? Has anyone here done that? What was the experience and/or repercussions, if any?
What are my options?

Appreciate your help!

When did you leave the US? Did you have H or L status when you left?

[nagpal2011]

When did you leave the US? Did you have H or L status when you left?

Hi - I left on October, 26 2017. I have L 1 visa. It is active until May 2018.

[newacct]

Hi - I left on October, 26 2017. I have L 1 visa. It is active until May 2018.

You cannot return on an AP, either the old or new AP. You cannot return on the old AP because it is expired. You cannot return on the new AP even if you get it and someone mails it to you, because you left the US before that AP was granted. You can only enter on an AP if you left the US after it was granted.

See this document, page 16:

USCIS: (a) If a foreign national (i) already possesses a valid, unexpired advance parole, (ii) applies for a new advance parole while he/she is present in the U.S., and (iii) then departs the U.S., the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession. If the foreign national returns timely, abandonment of the pending advance parole application would not occur. However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.

You must re-enter on your L-1 visa. On a subsequent trip abroad (leaving after the new AP's approval), you would be able to use the new AP to re-enter.

[nagpal2011]

You cannot return on an AP, either the old or new AP. You cannot return on the old AP because it is expired. You cannot return on the new AP even if you get it and someone mails it to you, because you left the US before that AP was granted. You can only enter on an AP if you left the US after it was granted.

See this document, page 16:



You must re-enter on your L-1 visa. On a subsequent trip abroad (leaving after the new AP's approval), you would be able to use the new AP to re-enter.

Thank you for your prompt response and advise.
I am no longer working with the employer from which I got the L1, can I still use it? I have a B1 / B2 visa as well.

My lawyer is advising that I withdraw my I 485 (adjustment of status) prior to entering the US as I am returning after the AP has been expired. In her opinion, it would show my intent of not misusing the system. But, if I withdraw my adjustment of status I lose my approved EAD/AP. May I please request your guidance on how should I proceed -- what should I do upon entering? What kind of circumstances may occur at the immigration? Is there a way to enter using L1 or B1/B2 without withdrawing my I 485 and without an active EAD/AP.

Thank you so much

[scientist2016]

Thank you for your prompt response and advise.
I am no longer working with the employer from which I got the L1, can I still use it? I have a B1 / B2 visa as well.

My lawyer is advising that I withdraw my I 485 (adjustment of status) prior to entering the US as I am returning after the AP has been expired. In her opinion, it would show my intent of not misusing the system. But, if I withdraw my adjustment of status I lose my approved EAD/AP. May I please request your guidance on how should I proceed -- what should I do upon entering? What kind of circumstances may occur at the immigration? Is there a way to enter using L1 or B1/B2 without withdrawing my I 485 and without an active EAD/AP.

Thank you so much

Nope you cannot use the L1 if you are no longer with that employer. Would not recommend using B1/B2 since questions would invariably arise at the POE regarding your immigration intent, and you cannot lie. Your best bet would be to secure another L1 (since it is too late for H1 for the near future) or as your lawyer suggested withdraw I485 and file for consular processing, so as to get your GC which would allow you to enter and work without any constraints.

[nagpal2011]

Nope you cannot use the L1 if you are no longer with that employer. Would not recommend using B1/B2 since questions would invariably arise at the POE regarding your immigration intent, and you cannot lie. Your best bet would be to secure another L1 (since it is too late for H1 for the near future) or as your lawyer suggested withdraw I485 and file for consular processing, so as to get your GC which would allow you to enter and work without any constraints.

Hello, could you please expand on consular processing mentioned in your note. Thanks very much for all the advise.

[scientist2016]

Hello, could you please expand on consular processing mentioned in your note. Thanks very much for all the advise.

Once your priority date is current, you can apply to get your green card. That can be done in two ways: (1) If you are already in the US with a legal status, you can file for Adjustment of status to change your status to that of a permanent resident. That is when you use the form I485.
(2) If you are not in the US, you can apply to your local consulate to get an immigrant visa, and get the green card automatically upon arrival in the US. That is what I meant by consular processing route.