Question on 485 and AP

F

Flying123

Registered Users (C)
Hi folks,

I just saw TSC is processing I-485 received in July 2004. This makes me a little nervous ;)

My 485 (EB-2 NIW) RD is July 6, 2004; My 140 was approved on March 16, 2005. I have a valid AP until July, 2006.

What makes me worry about is an upcoming international trip (from Sept. 1 to Sept. 20) for a conference and vacation. I am planning to use AP to come back. But what will happen if:

(1). My I-485 gets approved during my trip? or
(2). I get 485 RFE during my trip?

Thanks for your advice. :)
 
Flying123 said:
Hi folks,

I just saw TSC is processing I-485 received in July 2004. This makes me a little nervous ;)

My 485 (EB-2 NIW) RD is July 6, 2004; My 140 was approved on March 16, 2005. I have a valid AP until July, 2006.

What makes me worry about is an upcoming international trip (from Sept. 1 to Sept. 20) for a conference and vacation. I am planning to use AP to come back. But what will happen if:

(1). My I-485 gets approved during my trip? or
(2). I get 485 RFE during my trip?

Thanks for your advice. :)
Click to expand...

Here are your answers -

1) If your 485 gets approved while you are out of the country then you will be permitted back into the country on your AP. There will not be any problems.

2) If your 485 gets approved just before you leave for your trip then you will have to get your PP stamped before you leave. You may have to cancel the trip if you are unable to get the PP stamped because leaving without getting the PP stamped will be considered as abandonment of the process.

3) If you get a RFE on your 485 then you will have atleast over a month to reply to it. I am not sure on the exact time line here but you should be okay.

All of the above information is self learnt. Please consult a professional immigration lawyer before making any decisions.

regards,

saras
 
Thank you saras76 for the explanation and ab for the good wish.

My lawyer said that TSC will pause processing my 485 during my trip, and will resume processing after I come back, is this true? How does TSC know that I am on an international trip? from I-94?

Thanks.
 
Yes .. I have heard this before

Flying123 said:
Thank you saras76 for the explanation and ab for the good wish.

My lawyer said that TSC will pause processing my 485 during my trip, and will resume processing after I come back, is this true? How does TSC know that I am on an international trip? from I-94?

Thanks.
Click to expand...

Flying123,

I have heard of this before but I am hard pressed to believe that they have such a great system in place that tracks every persons arrival and departure through I-94. I know thats how its supposed to work but we all know nothing ever works the way its supposed to (especially within USCIS). I have come across a number of people who have been approved while travelling abroad.

I think your lawyer is informing you of how the system is "supposed" to work as opposed to how it really works. The only way to find out how things really work is by reading posting on this great forum. Reading posts on this forum is exciting, enlightening and frightening all at the same time :)

cheers,

saras
 
People get their I-485s approved while they are out of the country all the time. It happened to my daughter this summer.

However, if you have AP it's not a problem returning to the US in this scenario. Don't worry about it.
 
saras76

saras76 said:
I have heard of this before but I am hard pressed to believe that they have such a great system in place that tracks every persons arrival and departure through I-94. I know thats how its supposed to work but we all know nothing ever works the way its supposed to (especially within USCIS). I have come across a number of people who have been approved while travelling abroad.
Click to expand...

Yes, you are right. Most of the time, they do overlook it. However, they ALSO DO LOOK into it. I know first-hand of the case of my dearest buddy, whose fortunes were wrecked when his petition was denied (first it was a H1-B renewal, subsequently he was fortunate to get his Consular Processing papers within a month and when he went to the Consulate for interview, he was rejected on the simple ground that while a petition was pending approval he had already left the US. Actually, INS had sent a RFE saying their records show that he departed already and if it were not be true then produce the recent I-94. We were all shocked as to how USCIS was able to track his departure!!!) precisely on abandonment grounds.
 
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