Travelling on AP while I485 is pending

[dks00]

Hello Gurus,

Need help with a few ques. regarding AP. My case details are:

PD: Aug 1999
I140 Approved: March 2000
I485 Mailed: July 2001
I485 RD: 24 Aug 2001
I485 ND: 29 Sept 2001 (WAC-01-293-5xxxx)
First EAD: Dec 2001
First AP: Nov 2001
Fingerprinting: 18 April 2002
AP Renewal:
RD: 05 July 2002
ND: 07 July 2002
Approved: 31 July 2002
Printed & Mailed by INS : 26 Aug 2002
Approval Notice Received : 15th Sept 2002
EAD Renewal:
RD: 05 July 2002
ND: 07 July 2002

AVM: 975-999 days....has never changed !!

Misc: Have spoken to IIO a couple to times, first one (July) said
case pending and you'd hear from INS by end of this year.
Second one (early Aug) said, FP okay, case not yet
assigned......pending, no idea when it will be assigned

I am planning a visit India in Nov 02 and have following ques. Would appreciate any useful info and experiences:

1. Is there a limit on number of days/weeks/months one can be
out of US before attempting a rentry using AP or one can
enter anytime before AP expires ?

2. Does staying out of the US for extended period while your I485
is pending with INS, and then attempting to renter using AP
causes I485 to be abandoned ?

3. Any known issue(s) if INS adjudicates I485 while one is
travelling (outside the US) ?

4. What would be expiration date on I-94 when we reenter
using AP ? If it will be the expiration date of AP (30th July
2003) does it mean that I should leave US before that date if
INS has not approved I485 by then.

5. Neither me, nor my spouse have used AP or EAD yet, so
I think, we are currently maintaining H-1B/H-4 status?
H1/H-4 I797 is valid till May 2004 though US visa in our
passport have expired.
Am debating between getting new visa stamped during visit to
India and using AP. Any guidance/experiences here ?

Thanks in advance for ur time amd help.

-DKS

 

[jaxen]

1. No U can stay out of US till the day before AP expiry. But if you are the primary applicant of an employment based petition then you better be getting paystubs from your sponsoring employer.

2. When processing times were faster, they used to freeze processing while AP was being used by the applicant. But now it has been delinked and many have gotten their I485 approvals when they were outside US.
AP is the document to prevent your case to be considered abandoned.

3. None

4. Generally yes. I94 is used primarily to track your movement in and out of US. Until you get your GC, keep getting I94s, your status is determined by pending I485 and not by the I94.

5. You can still use H visa (old stamp+ new approval) as long as you got a separate h4 extension approval. AP involves secondary inspection which is a little pain in you know where.