Can I file 1-485 when I am out of country?

Ginnu could that pdf be a general document? I looked up what USCIS has online and there seems to be a clause for H1/H4.... am i right?.... AP on USCIS site

ixora78, my wife will be in UK till Feb '07 because of contractual obligations with her job.... maybe i'm being very wishful in my thinking that AOS will be approved b4 then, if we file this month!!
 
Hi! Just to update some information. My lawyer said is possible to request to get the AP in the US consulate office where my wife is working.
 
ixora78 said:
Hi! Just to update some information. My lawyer said is possible to request to get the AP in the US consulate office where my wife is working.
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---- I am sorry to say you have a bad lawyer who is giving you wrong info. AP has to be filed while in US and one should depart US after AP is approved if want to use AP. AP canot be picked up from US consulate and they dont send AP to consulate. your lawyer does not know that same form I-131 is used for REENTRY Permit (those who have Green card) and want to stay out and they can file for reentry permit and reentry permit can be sent to US consulate. ask him/her the diffrence between AP and Reentry.
 
danmagaji said:
Ginnu could that pdf be a general document? I looked up what USCIS has online and there seems to be a clause for H1/H4.... am i right?.... AP on USCIS site

ixora78, my wife will be in UK till Feb '07 because of contractual obligations with her job.... maybe i'm being very wishful in my thinking that AOS will be approved b4 then, if we file this month!!
Click to expand...

http://www.uscis.gov/graphics/services/Emergency/index.htm#Advanced
Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:

Filed an application for adjustment of status but have not received a decision from the USCIS;
Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
An emergent personal or bona fide reason to travel temporarily abroad.
 
danmagaji said:
Ginnu could that pdf be a general document? I looked up what USCIS has online and there seems to be a clause for H1/H4.... am i right?.... AP on USCIS site

ixora78, my wife will be in UK till Feb '07 because of contractual obligations with her job.... maybe i'm being very wishful in my thinking that AOS will be approved b4 then, if we file this month!!
Click to expand...
that is the valid document from USCIS
http://www.uscis.gov/graphics/publicaffairs/newsrels/TravAdvisory3_24_04.pdf
 
Well, how about if I apply for AP and then I travel out of US prior to AP approval and then my AP approval is obtained while I am back again to US. Would that be a problem then?
 
True AP can only be applied/received in the US
but if on H1b status and travelling during AOS.... the 1st paragraph uscis site on AP states:
"Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status...."

IMHO, since H1B ( and H4 thru derivative benefits) is dual intent, you can apply for AP but not necessarily use it and travel on H1B/H4 visa... and my lawyer claims that even if she is outside on H4 and AOS approved, then POE will parole her into the US or give her deferred inspection. I believe TheRealCanadian said so 2.
 
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