Can I use AP after my GC is approved or get an RFE?

[bagalkot]

Hi,

I have plans of going out of US and have booked my tickets and have AP. Suppose I get my GC approved or get an RFE just before I leave and have no time for getting stamped on my passport or replying to RFE. In this case can I leave US with AP and enter back using AP ?
Kindly let me know what all documents I need to carry along with me while going out of US.

Thanks,
Bagalkot

 

[Bosko_Djurovski]

Hi,

I am in the same boat and for that reason did some research on the Internet. Here is what I found out:
1. Inspector at the POE is instructed to let people with AP in if their AOS is either pending or approved.
2. If you receive an RFE, your case is still pending so there is no problem.
3. The problem is if an AOS gets denied (as far as I could see out right denials were mostly issued as a result of I-140 denial or no-show for a FP). I don't know, however, what staus an I-485 application is considered to be in when an NOID is issued. I have read that officer at the POE has a discretion to let you in with a deferred inspection if he believes that you would be able to overcome the issue.
4. The problem is also if a person has accrued unlawfull presence in excess of 180 days (this is explicitly stated on AP document)
5. I haven't come accross any case where entry with an AP and pending AOS was denied.

As far as documents that we should carry are concerned the suggestions vary from only AP and a copy of I-485 receipt to anytning and everytning.

I personally plan on having APs, copy of I-485 receipt plus copies of H1-B approvals to prove that I continually maintained status prior to applying for AOS. Of course only AP should be presented all the other documents are with me just in case that an officer quibbles.