Interesting question while 485 pending

[immiadvice]

gurus please advise.
Reading through these posts i got the feeling that it is possible to commute from Canada to work in US while 485 is pending. Please correct me if I am wrong. My understanding was:

1. Applicant has to reside in US while 485 is pending (temporary travel abroad is permitted using advance parole or H1 visa)

2. Applicant has to be in the country when 485 gets adjudicated. By any chance if the applicant happen to be outside the country at that point 485 becomes invalid.

3. How can people commute to work and still be considered residing in US?

gurus please advise.

Thanking you all.

 

[TheRealCanadian]

Originally posted by immiadvice
1. Applicant has to reside in US while 485 is pending (temporary travel abroad is permitted using advance parole or H1 visa)

There is no requirement that I have seen that requires an adjustee to remain physically present within the United States during the adjustment process.

Advance Parole and the L/H are not considered permission to leave the country; they are permission to RETURN, since a pending I-485 makes you inadmissible in most non-immigrant visa categories.

2. Applicant has to be in the country when 485 gets adjudicated. By any chance if the applicant happen to be outside the country at that point 485 becomes invalid.

Also untrue. BCBP officers have the ability to temporarily parole you into the country if they believe you would be ordinarily admissible for "deferred inspection", even without AP. If you are outside the US when the I-485 is approved, you can use AP to return. The H or L would probably be toast, but in such a circumstance the POE would probably parole you in anyways to go for your stamping.

3. How can people commute to work and still be considered residing in US?

They cannot, but there's no obligation to reside in the US until after your GC.