wasapproved
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What happens if I-485 got denied if the applied is out side the USA on AP? Can he come back using AP?
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What Happens if I485 denied when applicant outside the Country?
- Thread starter wasapproved
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wasapproved said:What happens if I-485 got denied if the applied is out side the USA on AP? Can he come back using AP?
-----------------NO
AP or EAD are based on pending I-485
Return on AP while I-140 is pending
My spouse (on H4) has EAD and AP (dependent) approved. She will be joining a firm and will use her EAD. She will be leaving the country shortly on vacation and return on AP. My I-140 is pending but by the time she returns I would have passed the 6 months on I-485.
My question is whether there is any flaw in this. She could come back on H4 if there is a problem and if after coming back we encounter problems with I-485, she can always leave and come back on H4, isn't it?
Another question is if I travel and come back on AP, can I still be on H1 (just curious to know)?
I thank all who are in this forum and actively respond and help each other.
My spouse (on H4) has EAD and AP (dependent) approved. She will be joining a firm and will use her EAD. She will be leaving the country shortly on vacation and return on AP. My I-140 is pending but by the time she returns I would have passed the 6 months on I-485.
My question is whether there is any flaw in this. She could come back on H4 if there is a problem and if after coming back we encounter problems with I-485, she can always leave and come back on H4, isn't it?
Another question is if I travel and come back on AP, can I still be on H1 (just curious to know)?
I thank all who are in this forum and actively respond and help each other.
Last edited by a moderator:
gcpursuer said:My spouse (on H4) has EAD and AP (dependent) approved. She will be joining a firm and will use her EAD. She will be leaving the country shortly on vacation and return on AP.
My I-140 is pending but by the time she returns I would have passed the 6 months on I-485.
-------------Risk is I-140 still pending if I-140 gets denied I-485, AP EAD all denied
My question is whether there is any flaw in this. She could come back on H4 if there is a problem and if after coming back we encounter problems with I-485, she can always leave and come back on H4, isn't it?
-------------better she should come on H4 with H4 visa stamp
Another question is if I travel and come back on AP, can I still be on H1 (just curious to know)?
--------------- yes you can be on H1 status if you are working with same employer who filed your latest H1. your I-140 is not approved, better enter with H1 visa stamp (reason risk of I-140 denial)
I thank all who are in this forum and actively respond and help each other.