AP Question - Urgent

Z

zxcvb

New Member
I have applied for AP in the second week of March. When I called NSC the IIO told me that it will take another four to five weeks for my AP to be approved. Due to some emergency I have to go to my country in next few days. I'll be staying there for atleast two months. I am assuming that the AP will be approved by then and my freinds are going to mail me as soon as the hard copies arrive. My h1 visa has already expired and so is my spouse and kids H4.

My questions

1. Will it be ok to do so?
2. Do I have to carry the document with me when I go out of the country?
3. Will it affect my 485 process?

I'll appreciate if you can share your experiences/knowledge on this topic.

Thanks,
 
I have read somewhere that if you leave the country without obtaining AP after filing for AOS, your I-485 petition is considered to be abandoned. There are others on these boards that have suggested that it is okay to do so if you are on H-1B and have obtained a multiple entry visa on the basis of the H-1B. In your case, as your H-1B has expired, you may be at some risk even if you successfully reenter with the AP documents, if BCIS ever questions the gap between your date of departure and the date your parole is granted.
 
Your family do not have valid H visa stamp so you must get Advance Parole before leaving the country. However you may check with local BCIS office if they can do something for your Advance Parole. Please refer to the following statement on Murthy.com :

"Prior to July of 1999, all adjustment applicants were required to obtain advance parole authorization before traveling outside the United States. A person with a pending I-485 application and without an advance parole at the time of reentry after foreign travel was deemed to have abandoned the adjustment application. That policy changed from July of 1999, as previously reported in the MurthyBulletin, to allow persons in valid H-1, L-1, H-4 or L-2 status to maintain that status even after filing for adjustment of status (I-485) and to use H or L visas (instead of advance parole) for travel.

Generally, H-1 and L-1 non-immigrants and their dependents in H-4 or L-2 status who have adjustment applications pending may be readmitted into the United States in the H or L status, provided they are in possession of a valid H-1 or L-1 nonimmigrant visa, and the original I-797 receipt notice for the application for adjustment of status, and they continue to remain eligible for the H-1 or L-1 classification. All other non-immigrants with pending applications for adjustment of status must obtain advance parole authorization prior to traveling outside the United States."
 
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