Procedure when I485 is approved when one is outside the US

V

venkatesh aiyar N

Member
Hi

I wanted to know what exactly the procedure is if the I485 gets approved when one is outside the United States. I am currently outside the US on a project and may have to remain outside for a couple of months. My I485 was filed in December, 2001 and I have a valis EAD and AP valid till January, 2003.My questions are
1. Will I have any problems in case my I485 gets approved while I am outside the US or can I enter using my AP without any problem?
2. If I can, under the deferred Inspection clause, will they contend abondonment of PR status ?

Jim, Jaxen or anybody else, please reply. I have heard a lot of versions on the above but never a definitive answer.

Thanks in advance
 
I485 when out of US

My lawyer has not handled a case like this first hand. So there is a lot of "Lawyer speak". It will be useful if someone on this forum who has had first hand experience or had information on the above share her/his experience.
 
experience

I have a similar issue and my lawyer is handling this. My GC has been approved couple of weeks back, while we were abroad, and we are traveling to the US shortly to get GC stamping.

1. If you have a valid H1/H4 absolutely NO issues, you will be able to enter the US

2. If your H1/H4 is expired, you need to have a valid AP (advance parole). EAD has no value in this regard.

3. If your H1/H4 and AP is expired you will get into trouble at POE - so return before Jan 2003. Still you may be bale to get a defered inspection once you GC is approved.

My lawayer reccommendations is that it is better that the GC stamped in the US within 90 days of approval and so the applicant needs to enter the US within 90 days - but within 30 days is better. INS has not speced any rules on this.
 
Last edited by a moderator:
Thanks, Let me know your experience

Thanks for the reply. Let me know how it goes when you re-enter the US to get your GC stamp. My lawyer told me that using H1B visa could lead to possible abondonment of status and told me to use my AP in case I do get an approval when I am abroad.
 
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