duration of stay on AP

[madhuvn]

Hello all,

My wife and I (primary applicant with I-485 pending, but I-140 ALSO PENDING at VSC) both have our first set of AP's expiring in March 2005. She went to India on April 15 with intentions of returning by July 14 or so (within 90 days). Unfortunately, her father passed away on May 29, and she would like to extend her stay until October 05 or so to help her family cope, making her total stay abroad approximately 150-180 days. Although I will visit in the meantime for a short period, she will be returning alone. Her POE will most likely be Newark, NJ.

1) Does the extended stay abroad pose a problem? Other posts here seem to indicate not, but I would greatly appreciate posts of personal experiences of extended stays abroad, and the maximum time that anyone has stayed abroad and re-entered on AP without any hassles. Info on AP experiences at Newark, NJ is also greatly appreciated.

2) If there is an RFE on the I-140 while she is (or both of us are) abroad, does this create re-entry problems for us?

Any help/information is greatly appreciated! Many sincere thanks in advance!

-Madhu

 

[ginnu]

Hello all,

My wife and I (primary applicant with I-485 pending, but I-140 ALSO PENDING at VSC) both have our first set of AP's expiring in March 2005.
She went to India on April 15 with intentions of returning by July 14 or so (within 90 days). Unfortunately, her father passed away on May 29,
---I am sorry to know
and she would like to extend her stay until October 05 or so to help her family cope, making her total stay abroad approximately 150-180 days. Although I will visit in the meantime for a short period, she will be returning alone. Her POE will most likely be Newark, NJ.

1) Does the extended stay abroad pose a problem?
**** she MUST be back to US before her AP expires or March 2005, no rule that she can stay only for 180 days or 3 months, she Must be back BEFORE her AP expires

Other posts here seem to indicate not, but I would greatly appreciate posts of personal experiences of extended stays abroad, and the maximum time that anyone has stayed abroad and re-entered on AP without any hassles. Info on AP experiences at Newark, NJ is also greatly appreciated.

2) If there is an RFE on the I-140 while she is (or both of us are) abroad, does this create re-entry problems for us?
----- You are the primary, If I-140 is filed for you then if I-140 is denied then the base of I-485 goes and AP is based on pending I-485, If I-140 gets denied then EAD, AP, I-485 all get denied for you and for your dependents
. FYI I-140 is filed by Employer if any RFE then employer or lawyer has to reply RFE
Any help/information is greatly appreciated! Many sincere thanks in advance!

-Madhu