Approval/Denial while abroad on AP

[gc2005nyc]

Guys - can you help me understand what happens if a petition for adjustment of status gets Approved or Denied while you are traveling abroad on Advance Parole. As far as I understand approval should not be an issue; you can reenter on AP. However, if for some unfortunate reason CIS denies the petition what possible actions can you take to re-enter the US and appeal the decision. Potentially everyone traveling on AP faces this scenario, however unlikely.

Thanks and have a happy week!

 

[ginnu]

Guys - can you help me understand what happens if a petition for adjustment of status gets Approved or Denied while you are traveling abroad on Advance Parole.

As far as I understand approval should not be an issue; you can reenter on AP.
---------------correct if AP is valid
However, if for some unfortunate reason CIS denies the petition what possible actions can you take to re-enter the US and appeal the decision.

-------------- if you are on H1 status get H1 visa stamp and enter on H1 status
Potentially everyone traveling on AP faces this scenario, however unlikely.

Thanks and have a happy week!

------------------------

 

[GCfreedom]

Ginnu,

What if H1 expires and will be travelling on AP with EAD on hand? If the scenario that c2005nyc is inquiring happens (485 denial or NOID), will one still be able to enter.

Thanks

 

[TheRealCanadian]

What if H1 expires and will be travelling on AP with EAD on hand? If the scenario that c2005nyc is inquiring happens (485 denial or NOID), will one still be able to enter.

In the case of an NOID, you should be able to re-enter, since the I-485 is still pending. If the adjustment is denied outright, I am unsure.

 

[GCfreedom]

Thanks, TheRealCanadian

 

[baby_mde]

In the case of an NOID, you should be able to re-enter, since the I-485 is still pending. If the adjustment is denied outright, I am unsure.

If 485 is denied when you are outside, I would talke attorney and ask him to file MTR. Once MTR kicks in USCSI office and reopen 485, then enter with AP.

Last time I went to India and I got same doubt. Then someone suggested like this.

 

[gc2005nyc]

If 485 is denied when you are outside, I would talke attorney and ask him to file MTR. Once MTR kicks in USCSI office and reopen 485, then enter with AP.

Last time I went to India and I got same doubt. Then someone suggested like this.

Yes, but this [MTR] could take months. And you lose your job here. I can't imagine many employers would be accomodating to such a scenario. I don't believe you can reenter on a toruist visa because you have already shown immigration intent. It's rather tricky. I am not suggesting this could happen to anyone but there is a theoretical possibility, therefore it is not unwise to be aware of possible options. I've read on this board denials due to all kinds of reasons beyond one's control - e.g. never received FP appointment or an RFE, etc.

 

[baby_mde]

Yes, but this [MTR] could take months. And you lose your job here. I can't imagine many employers would be accomodating to such a scenario. I don't believe you can reenter on a toruist visa because you have already shown immigration intent. It's rather tricky. I am not suggesting this could happen to anyone but there is a theoretical possibility, therefore it is not unwise to be aware of possible options. I've read on this board denials due to all kinds of reasons beyond one's control - e.g. never received FP appointment or an RFE, etc.

Even if you loose job (assume your 485 is pending 180 days and 140 approved) you will be in valid status after reopened the 485. Then enter into US with AP and find onother Job.