Any limitations on travelling on AP?

T

trueguy2006

Registered Users (C)
Hi,

I am planning to travel to India and return after 6 weeks. I will be returning before my current AP expires.I have I-485 pending for almost 4 years and I will be travelling on AP. I have used this AP earlier this year and that time my trip was only for 9 days.

Is there any day limit on how many days we can stay out of US while travelling on AP?

Any help is highly appreciated.

Thanks a lot.
 
trueguy2006 said:
Hi,

I am planning to travel to India and return after 6 weeks. I will be returning before my current AP expires.I have I-485 pending for almost 4 years and I will be travelling on AP. I have used this AP earlier this year and that time my trip was only for 9 days.

Is there any day limit on how many days we can stay out of US while travelling on AP?

Any help is highly appreciated.

Thanks a lot.
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You need to be back before AP expires. Make sure you dont stay more than 6 months outside with a pending 485 unless you have good reason to do so and back it up with evidence. You could be asked at POE why you stayed out for longer time ( > 6 months if you stayed out) and denied entry unless you had a valid reason.

good luck and enjoy the trip
 
kris7077 said:
You need to be back before AP expires. Make sure you dont stay more than 6 months outside with a pending 485 unless you have good reason to do so and back it up with evidence. You could be asked at POE why you stayed out for longer time ( > 6 months if you stayed out) and denied entry unless you had a valid reason.

good luck and enjoy the trip
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That's not true at all. There are no time restrictions other than the AP expiration since the I-485 is for a future job offer.
 
dont be so sure with that one......even though it may not have been defined anywhere.....and most of the time at POE nobody checks or cares for it.......but its a common sense that you future employer is your current employer.....because when you file 485 you have to give employment verification letter(EVL).....same thing when you file I-140...

and uscis may ask you EVL anytime the want....
 
techy2468 said:
dont be so sure with that one......even though it may not have been defined anywhere.....and most of the time at POE nobody checks or cares for it.......but its a common sense that you future employer is your current employer.....because when you file 485 you have to give employment verification letter(EVL).....same thing when you file I-140...

and uscis may ask you EVL anytime the want....
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I can be very sure with that one. Although as you say it is normally the case that your current employer is also your future employer, an I-485 applies to a future job offer. The Employment Verification Letter that you mention applies to the future job offer. If you think about it, most GC categories require some form of labor certification in which the employer has to consider other candidates for the job too. How could this be meaningful if you already have to be in the job?
 
techy2468 said:
dont be so sure with that one......even though it may not have been defined anywhere
Click to expand...

If it's not defined anywhere then it is a non-existent requirement.

but its a common sense that you future employer is your current employer.....because when you file 485 you have to give employment verification letter(EVL).....same thing when you file I-140...
Click to expand...

You should not confuse current employment with the job specified in the Labor Certification for which the GC will be awarded. The two are seperate, and while already being employed in the LC job at the LC wage can simplify things, there is no requirement that they be the same.

Additionally, CBP has no basis to ajudicate the I-485 or the AP at entry. They've been asked by a Service Center (or District Office) director to parole the alien in, and unless the alien is statutorily inadmissible they pretty much shut up and do as told.
 
i think now i understand the future job thing......so as long as your employer is willing to say that he has a job offer.....(but if i remember correctly a EVL was not a offer, it was a current employment verification??)
you dont have to be working to be in status...........

but from what i know and have heard.....not many employers are there willing to file GC for you and let you go free.....unless he is your uncle
 
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