Immigration Site

Hi,

As you can see from my timeline, I have my AP, and interview in January for GC. I am also currently on H1-B and am traveling in 3 days, and will be returning in mid-January. I will be returning to the same job.

My question, which has been asked before is: What should I use for re-entry? I have done my research and I know I can use either, but here is my scenario:

If I stand in line with my USC spouse, intending to use my H1-B, then I will surely be asked why are you in this line, since you are not a PR/citizen. Then I will have to bring up my pending I-485 etc and show my AP.

Will they then give me an option of which I want to use? I would rather not use the AP, since it will most likely mean secondary inspection, something we would not want after a 17 hour flight.

Or would it just be best to stand in the non USC/PR line and use my H1-B (I might just do this if the lines are equally long).

Your input is appreciated!

Thanks.

Fingerprinting/photographing machine may not be on at USC/LPR line if you come back before Jan 18.

Fingerprinting/photographing machine may not be on at USC/LPR line if you come back before Jan 18. Thanks for the info, how do you know this (just curious)?

That still doesnt help me though, has anyone been in the same situation as me? Im sure someone here has...cmon people!

If I dont hear back before January 13th (when I return), then I will just stand in the visitors line and use my H1-B (which has been stamped in my passport for over a year now and is valid till May 09).

Thanks for the info, how do you know this (just curious)?
I know the equipments are in all the booth, but not sure they are turned on all the time in USC/PR line. If not, they may turn the machine on, but Im sure it takes some time for the machine to sync up with server and they may transfer you to non-immigrant line, instead.. I dont know. Its probably up to the officer at POE.

Federal Register, Dec 19.
http://edocket.access.gpo.gov/2008/E8-30095.htm

SUMMARY: The Department of Homeland Security (DHS) established the
United States Visitor and Immigrant Status Indicator Technology Program
(US-VISIT) in 2003 to verify the identities and travel documents of
aliens. Aliens subject to US-VISIT may be required to provide
fingerscans, photographs, or other biometric identifiers upon arrival
at the United States. Currently, aliens arriving at a United States
port of entry with a nonimmigrant visa, or those traveling without a
visa as part of the Visa Waiver Program, are subject to US-VISIT
requirements with certain limited exceptions. This final rule expands
the population of aliens who will be subject to US-VISIT requirements
to nearly all aliens, including lawful permanent residents. Exceptions
include Canadian citizens seeking short-term admission for business or
pleasure under B visas and individuals traveling on A and G visas,
among others.
On August 31, 2004, the Department promulgated an interim final
rule that expanded the US-VISIT program to include aliens seeking
admission under the Visa Waiver Program and travelers arriving at
designated land border ports of entry. This rule also finalizes that
interim final rule and addresses public comments received during that
rulemaking action.

DATES: This final rule is effective January 18, 2009.