AC21 and going out of the country

[tuxedo]

Gurus,
My 485 has been pending for more than a year and 140 has been approved last year.
I will be joining a new employer by using AC21 next week on EAD as i have finished my 6 years of H1B.
As soon as i join the new employer I will be going out of the coutry(on AP) for 4 to 6 months on an offcial assignment.

What happens if my old employer withdraws my 140 and i get a NOID when i am out of the coutry.My new companies attorney will be appealing the Noid.
Can i come back to US on AP when the NOID appealed.
Please help me.

Appreciate your help.

 

[tuxedo]

Ginnu,Realcanadian and all gurus please help

 

[bhayanak]

if u get a NOID, then u are still O.K. as long as your lawyer responds to it in a timely manner.
however, if USCIS is harsh enough to deny ur 485 based on the revokation of 140 without sending a NOID, then ur EAD/AP, etc is all cancelled and void. in such a situation, u will NOT be able to enter the US unless u have a valid H1B..
the key is u will never know whether they will issue a NOID or an outright denial of 485/EAD/AP.

 

[tuxedo]

Please help

Hi bhayanak,Thanks for your reply.
If my 485 gets directly denied(hope not) when i am out of the country and if my lawyer files MTR to reopen the case, would i be able to enter US on Advance parole.Once reopen can i start working on current EAD.
Thanks in advance.

 

[bhayanak]

not to travel unless dead urgent

tuxedo,

even if u file a MTR for the denial, i think that does NOT put you back in status while it is pending. as such, the 485/ead/ap is still in a denial state.
if u suspect 140 revokation then my advise is not to travel unless it is urgency as u may have serious problems getting in later. if u read carefully, this is clearly stated on the AP.

Hi bhayanak,Thanks for your reply.
If my 485 gets directly denied(hope not) when i am out of the country and if my lawyer files MTR to reopen the case, would i be able to enter US on Advance parole.Once reopen can i start working on current EAD.
Thanks in advance.