Any restriction on stay outside US after getting AP ?

G

gcbayarea

Registered Users (C)
Hi All,

My wife applied for I-485/AP/EAD in september 2005 end. She got the I-485 receipt in october and went to our home country (India) in November. After she left the country, I received her AP also.

What are the time restrictions on her stay outside the US ? She will be back in the US again in Apr 2006 and go back to India again in May 2006. Is there any restriction that in any year, she has to be in the US atleast for 6 months ? Or any other rule like that ?

Thanks
 
gcbayarea said:
Hi All,

My wife applied for I-485/AP/EAD in september 2005 end. She got the I-485 receipt in october and went to our home country (India) in November. After she left the country, I received her AP also.

What are the time restrictions on her stay outside the US ? She will be back in the US again in Apr 2006 and go back to India again in May 2006. Is there any restriction that in any year, she has to be in the US atleast for 6 months ? Or any other rule like that ?

Thanks
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according to uscis guidelines one should not leave us unless they have ap to enter back. if you wife has H or L visa then she "can" be allowed to enter us using it.

there is no restriction on how long u can stay outside us. the only restriction is you need to return back before ap expires as u need to be physically present inside us to renew ap.
 
just trying to get a second opinion. My lawyer is a dud who doesn't know anything. So I have to do all the investigating myself. So just trying to be sure. Thanks for ur feedback anyway.
 
If someone left the country prior to AP approval, they are considered to have abandoned their AOS.
 
armie said:
If someone left the country prior to AP approval, they are considered to have abandoned their AOS.
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If they are still in H1 or H4 (with a valid VISA), they are fine to go in and out the US without event applying for AP.

If they don't have valid H1 or H4 visa and not receive AP before leaving the US, that AP is invalid.
 
you don't really have any choices here to make

she has to try enter before AP expires or to be safe before 6 months. you have already taken a chance that she left without getting AP and putting at risk the abondonment situation. Are you maintaining the H1 then better she gets H4 stamped at consulate too that would keep the 485 intact
 
She already has an H4 stamp on her passport.

But to complicate things further, there is a good chance that I am going to be laid off in the next one month. So after I get a new H1, will she have to get a new H4 stamp too ?

Thanks
 
gcbayarea said:
So after I get a new H1, will she have to get a new H4 stamp too ?
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NO. If she has H4, you don't even have to apply AP unless you are using EAD, in which case she can't enter using H4.
 
gcbayarea said:
She already has an H4 stamp on her passport.

But to complicate things further, there is a good chance that I am going to be laid off in the next one month. So after I get a new H1, will she have to get a new H4 stamp too ?

Thanks
Click to expand...
It would be safe if she can re-enter us before she H4 expires. Even if you are laid off she will be allowed to enter us as long as her H4 has not expired.
 
oh ok thanks. BTW, if I get laid off and get a new job and new H1B, then will she need to get a new H4 stamp ? or can she come here on the old H4 - even though her old H4 will be based on my H1B from my current company from where I am about to be laid off ?

Thanks a lot
 
As long as you maintain your H1 status with any employer, you wife can you her current H4 stamp. However, make sure your employer does not cancel you current H1 while she is overseas.
 
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