Live abroad while on AOS?

anjafromsweden

Registered Users (C)
I'm hoping maybe one of you will be able to advise me on my unusual situation. My ND is Dec 27, and I haven't heard anything yet about fingerprinting. Now, I just got an offer for a well-paying job with an international organization in Afghanistan. If I were to leave the country after doing the biometrics, while my H1B is still valid, and then have someone forward me the AP so that I could come back on it (when it's time for the interview)--would I still be legal? I wouldn't have accrued any illegal days, since I left while I had a valid H1B. There's no regulation against spending time out of the US while on AOS, is there? I know it's crazy to move to Kabul while on AOS, but the US government should be happy people are willing to rebuild, no? I'm a blond European girl so I'm hoping they won't take me for a wannabe terrorist :)

Should I just talk to an immigration lawyer?
 
Specifically you should NOT leave BEFORE the AP is approved and you have it in-hand!!! The reason is that it would be counted as 'abandoning of adjustment of status'.

Read these reminders:
http://www.murthy.com/mb_pdf/oct2904.pdf
http://www.foreignborn.com/visas_imm/entering_us/11reentry_us.htm

anjafromsweden said:
I'm hoping maybe one of you will be able to advise me on my unusual situation. My ND is Dec 27, and I haven't heard anything yet about fingerprinting. Now, I just got an offer for a well-paying job with an international organization in Afghanistan. If I were to leave the country after doing the biometrics, while my H1B is still valid, and then have someone forward me the AP so that I could come back on it (when it's time for the interview)--would I still be legal? I wouldn't have accrued any illegal days, since I left while I had a valid H1B. There's no regulation against spending time out of the US while on AOS, is there? I know it's crazy to move to Kabul while on AOS, but the US government should be happy people are willing to rebuild, no? I'm a blond European girl so I'm hoping they won't take me for a wannabe terrorist :)

Should I just talk to an immigration lawyer?
 
anjafromsweden said:
I'm hoping maybe one of you will be able to advise me on my unusual situation. My ND is Dec 27, and I haven't heard anything yet about fingerprinting. Now, I just got an offer for a well-paying job with an international organization in Afghanistan. If I were to leave the country after doing the biometrics, while my H1B is still valid, and then have someone forward me the AP so that I could come back on it (when it's time for the interview)--would I still be legal? I wouldn't have accrued any illegal days, since I left while I had a valid H1B. There's no regulation against spending time out of the US while on AOS, is there? I know it's crazy to move to Kabul while on AOS, but the US government should be happy people are willing to rebuild, no? I'm a blond European girl so I'm hoping they won't take me for a wannabe terrorist :)

Should I just talk to an immigration lawyer?

It sounds like you are on an employment based AOS. Are you planning on joining your old employer back after your stint in Afghanistan? If not, how would you have a legal AOS status if you don't have any employment?
I am just trying to figure out how this is going to owork. Maybe, I am missing something.

I think you should talk to an immigration lawyer.
But like the earlier post, I wouldn't leave without an AP in my hand.
 
Thank you so much for the advice and the links. I am on a marriage-based AOS and my current H1B expires March 1. Is there any way to speed up the AP process. I haven't heard a thing since I got my initial Notices of Action back in December. I've been trying to find an AP timeline on the Forum, can you direct me to one? How long does AP usually take?

Thanks again!
 
anjafromsweden said:
Thank you so much for the advice and the links. I am on a marriage-based AOS and my current H1B expires March 1. Is there any way to speed up the AP process. I haven't heard a thing since I got my initial Notices of Action back in December. I've been trying to find an AP timeline on the Forum, can you direct me to one? How long does AP usually take?

Thanks again!

Since you mentioned you were on H-1B, I thought, you must be on a employment based I-485. When did you apply for your AP? If its 90 days
you can try to get an interim AP from the local service station. Or, go to the
service station and tell them its an emergency and you need an AP soon.
When do you have to start your new job?
 
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