AP Validity

[sharma18_ashu]

My I485 is in process. I was out of country from Jan 2009 - March 2009 and entered back on 03/21/2009 using my AP (expired on 03/26/2009). I had applied for a new AP but that got approved in feb 2009 (valid till feb 2010) while i was in India. Assuming that new AP is invalid as I was out of country, I applied for a new AP but it was denied with reason being "already in possession of a valid AP which expires in Feb 2010. I visited USCIS field office and they told me that my AP is valid. I checked with my attorney and he mentioned that there is no rule and it is up to immigration inspector to decide if this AP is valid or not. He also suggested since I entered using my older AP and since now I am in US, the new AP can be treated as valid (this may not have been the case if I used this new AP to enter in march 2009) although there is no written rule or guideline for the same. I need to again go out in november 2009 for 2 weeks and am worried if i will be allowed back on this AP (I do not have a valid H1 now to use as backup). If someone knows similar situations or has experienced something like this please do let me know

 

[jk0274]

Assuming that new AP is invalid as I was out of country, I applied for a new AP

I have no idea why you assumed that. You are certainly allowed to apply for a new AP and then leave the country and return on the old one while the new one is pending. This link may be useful to you.

The only rule is that you cannot use the new one to be mailed to you while you are abroad and return with it; you must return on the same AP you had in hand when you departed the US.

But other than that, the new AP will be available to you for a future trip. So all in all, you made a wrong assumption. Your current AP (the most recent one) doesn't become invalid merely because you left the country and returned properly (i.e. you didn't abandon your AOS because you used the AP you had back then).