Refiling 485 needed??

[tx_imm]

I traveled on a VALID AP while my renewal AP was pending. Now I have an RFE on the pending renewal AP. I am assuming the worst.

I read somewhere that this amounts to abandonment of AOS. What are the options for refiling 485 at this point. Do I need to leave the country? My 6 yrs on H1-B are over.

pls advise..

 

[TheRealCanadian]

Originally posted by tx_imm
I traveled on a VALID AP while my renewal AP was pending. Now I have an RFE on the pending renewal AP. I am assuming the worst. I read somewhere that this amounts to abandonment of AOS. What are the options for refiling 485 at this point. Do I need to leave the country? My 6 yrs on H1-B are over.

Do not assume the worst. Your RFE simply means that they need some more information before they can approve your AP. Most likely is something simple like a photograph issue or they need a copy of your ID.

More importantly, your filed I-485 remains valid so long as you remain in the US. No need to refile. However, since your H-1B has expired you must not leave the US without AP in hand.

 

[goastros]

Your assumption seems to be incorrect.
Since you travelled on valid AP, you would be okay.
Abandonment of AOS is only when you had left the country without a valid AP.