485 Rejection while overseas..???!!

B

babusvk

New Member
Hi,
Currently, I am in the process of obtaining an extension(7th year) on my H1 with a new company since October. However, I am also waiting for my 485 approval(RD. September 12). I do have valid EAD and AP. I have not used my EAD at my new office.

I have to go overseas. I already talked to my lawyer about it but I would like to hear real time experiences.

My question is, do I need anything else other than EAD/AP docements? Like employment letters or anything else? Will I have any issues during the reentry?

What will happen if my 485 gets rejected while I am in overseas? What would happen when I come back?

Please give me information as much as possible based on your experiences. Thank you in advance.
 
You have to get new h1 visa to reenter US, or before you leave US make sure to have AP, otherwise you are in trouble.
 
I believe, your AP is based on your pending I485. If your I485 is denied while you're abroad, your AP becomes invalid right away. You will not be able to use it for reentry. However, if you do have a valid H1, you may be able to use that for reentry.
 
Hey 485 denial is realy very rare. (usually there is a NOID - Notice of Intent to Deny before they actually deny it, and most people still get their approvals by providing more information as the answer to NOID). Countless people awaiting I-485 approval travel on AP without any(much) problem (I mean at entry, they make you wait in a room while they check your record, which kinda makes you feel like a criminal). So don't worry too much about travelling on AP.

BTW if you use AP to reenter that will invalidate your H1 as far as I know.
 
I was carrying some more documents in addition to EAD/AP approvals.
- Employment Verif letter.
- 485 Receipt copy.
- Pay stubs for last couple of months etc.
At POE, I was not asked for anything other than AP papers.
I had to go to seconday inspection area though but it was no big deal. Waited there for 20-30 minutes or so.
 
babusvk said:
What will happen if my 485 gets rejected while I am in overseas? What would happen when I come back?
Click to expand...

I485 does not happen upfront by a single notice. USCIS needs to serve "intent of denial" notice before. Once your lawyer gets that notice, you will get time to come back and provide farther documents. Keep in touch with your lawyer while you are abroad. But as Avi mentioned, I-485 denial is very rare, but they do happen. So, you should not worry about it, unless you have some good reason to do so.
 
Thanks so much

Hi Everyone,
My sincere thanks for everyone of you and appreciate you taking time to reply this message. Your responses had really shown me the options I have and all the precautions I need to take care.

Things like NOID - Notice of Intent to Deny and Re-entry by AP will invalidate H1 are really news to me..

I'm also glad to know the experience at POE. Thanks very much for sharing your experiences. You guys are really wonderful.

Regards
Babu
 
Re-entry by AP will invalidate H1 is not a TRUE statement.

if you are using H1 and not used EAD for work, then H1 status is not invalidated.
only way to invalidate h1 status is to use EAD or your h1 period is over or something.

AP is just a travel document and nothing to do with your status in US.
you can work on H1 visa, travel abroad any times, enter using AP NEVER changes your status.
still you will be on H1 visa until you use EAD to work.

so dont get confuse on AP and EAD.
EAD is the status for AOS.
AP is just a travel document to enter the country.

Hope everyone is Clear on this?
Thanks
 
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