485 application and AP

[wintercherry]

My husband is going to transfer to his company's office in China for a year or two. We are currently in 485-pending status, and he filed it as my dependent. He would lose his H-1 status once he leaves US. I have a couple of questions:
1. would this affect his 485 application?
2. if he comes back to US for visiting, is this ok to just use AP? (will the immigration officer deny his entry because he has been out of US for a while), or should he apply for H-4 visa instead?

Many thanks.

 

[jk0274]

It is unlikely that he will be denied entry as long as the AP is valid and the I-485 is pending. What you need to keep in mind, however, are the following:

1- Any AP must be approved before the applicant leaves. If your husband has his AP and then leaves for China, he'll come back to the US before it expires - but he will need to apply for a new one AND wait for it to be approved before he can leave again. In this regard, having an H-4 visa might be a workaround if he doesn't have time to wait for 2-3 months for the approval. This means that you have to remain in H-1B status.

2- If his green card is approved while he is abroad, he should plan to return to the US or make sure he can demonstrate that his "center of life" is in the US. He may have his green card revoked if he stays abroad for more than a year after becoming a permanent residence (although as always there are ways around this rule).