Urgent!! Pending AP/ EAD. Still have valid F1 visa. Can I come back from India on F1

S

srini33888

New Member
I hope somebody can help me with this.

My wife is currently on F1 and I had her added to my 485 application and she has applied for AP and EAD.We had applied this on April 12 and got a receipt notice for AP dated April 20. We are presently in India and she has not got the AP yet. (I dont have AP as I am still on valid H1). In the event that she does not get her AP by the time we are ready to get back, can she still enter US based on the valid F1. My wife has not graduated or finished her course work yet.

Any help in this matter would be deeply appreciated as we are planning to return soon.

Thanks.
 
If she uses F1 to enter then her 485 application is considered abandoned.

She of should have waited for AP approval before going out of US. That is what INS says. If it was an emergency, she could have gone to the local or district office and might have got an emergency AP.

Now she is stuck in home country. If she comes in F1, her 485 is lost (and may require reapplying. Not sure- consult a lawyer). She might be denied H4 at US consulate.
Only avenue is to wait for AP before entering US.
 
My understanding is that

I-485 is considered abandanded when a person leaves US without getting AP (exceptions : H and L ). Therefore, her I-485 is dead already.
 
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