AP Travel question

V

venkatesh aiyar N

Member
Hi

I travelled outside the US about six months ago immediately after applying for my I485,EAD,AP. I re-entered using my H1B. My AP got approved in the meantime when I was still outside the country. I am currently travelling and will be re-entering the US in early December. Can I validly re-enter using my AP ?
The AP had been approved before I left the US for my second trip.

Thanks
 
VenkateshAiyar:

If your H1 is valid use that. If not, then use your AP if you have that in possession. However, once you use your AP your non-immigrant status (H1) will be cancelled and you will be considered as a returning parolee.
 
AP question

I do have the AP in possession. However, I was trying to clarify how the law about having the AP approved before leaving the country gets interpreted. Has anyone left the US while AP was being adjudicated ? I know this has been a long standing question but we have not got any definite reply either way.
 
If your travel abroad was an emergency I guess INS asks you to get the AP from your nearest INS office. If not, I don't know how the dates are interpreted by INS, i.e., whether your AP should be approved prior to your leaving the country. In my opinion, logically speaking, it shouldn't matter since you *had* applied for your AP before your departure, i.e., there was no intent to abandon your 485. Please consult your lawyer on the details.
 
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