Travel of secondary applicant while AP is pending

K

kpppppp

Registered Users (C)
I am the primary applicant filing for NIW based I140 and I485. Our I140 got approved in Nov 2008. My husband has applied for AP (by e-filing) on September 14, 2010 and still waiting for the approval. He had approved APs in past which got expired now. He needs to travel to India at the end of November.

As he is not the primary applicant for the green card application, can he travel to India while his AP is pending?

We can make arrangements so that the AP gets mailed to him in India which he can later use while returning back to USA.

Your suggestion/comments are highly appreciated. Thank you very much.
 
If he travels without an approved AP or H1B/H4/L1/L2, his I-485 will be canceled if/when USCIS realizes he left without it, but the I-485 of the primary applicant would be unaffected.
 
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