Entry on AP after 4 months

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kjkool

Registered Users (C)
Entry on AP after 5 months

I'm planning to travel on AP for family reasons. I'll keep my job, will be on Leave without Pay for 5 months. I'll join the same company when I come back. Will I have any trouble entering after 5 months of absence? What if I return after 6-7 months?
 
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Thats a good question from Kjkool - I would also like to know what would be results of taking time out for about 5 months and coming back on AP after this long leave
 
You can return to the US as long as you have a valid AP irrespective of the duration of your stay outside. The only caveat is if your I-485 is approved (or denied) while you are out, in which case you are supposed to be admitted on the basis of deferred inspection. I am not sure what happens if your I-485 is denied while you are out of the country. I would imagine basic fairness would require that you be allowed to return to collect your property and arrange for an orderly departure.

On the question of whether it is permissible to be on extended unpaid leave of absence from the point of view of your AOS application, I believe the answer is yes. Firstly, you are required to take up the proferred job only after the approval, and secondly compelling personal circumstances are excepted under immigration law. However, as AOS is a procedure meant for folks that are already in the country, it may be advisable to write a letter to the INS explaining the circumstances that necessitate your extended presence outside the country so as to provide yourself a safe harbor in case there are questions later.
 
Good post Sankrityayan! :)

As long as you enter before your AP expires, you shouldn't have any problems, also as mentioned above, it would good to have a convincing argument for your extended stay abroad, while at the same time taking an EVL with you which states that you still have your job inspite of the sabatical!
 
MY 485 RD in Jan 2003, and I dont expect any miracle to happen until 2005.

I have not seen any post in which someone entering on AP was asked to show an employment letter. Do you still recommend that I get it?
 
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Usually an AP does not require any supporting documents. But when going on a long sabatical, like the one planned by you, it is always better to be safe than sorry! So an EVL is more pre-emptive than required. But it would be a good document to have since you are going under EB AOS, so it is expected that you have a job.

To sum it up, is EVL required - NO, is it advised - YES

Good luck!
 
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If it is not too hard to get, what is the harm in having it with you. When you are returning after an extended period outside the US, there may be questions about whether you continue to have a job.

If you have not already considered this, it may be a good idea in your case to file for consular processing, or atleast try AC-140 processing, as you are planning to be out for a long time. You may even get your green card faster!
 
Thanks all for your input.

There's no AC-140 for Islamabad.

And I'll have to withdraw 485 to file for consular processing, and I don't want to do that.
 
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