AOS abandoned for wife's application?

[Momen]

Hi Everyone

I am an H-1B and my Wife is a F-1 Student with a Valid Visa. we both applied i-485 in MAy '14 and got our bio metrics done in June '14. My EB-3 priority date is in Sep '12 and current visa bulletin states the priority date that is the latest is Oct 2011. so my AOS application is on hold until my priority date is current. Unfortunately me and my wife traveled out side of US on Aug 15 and came back on Aug 30 without any AP (i-131) it was an honest mistake. I still have not received any notice from USCIS about her AOS being abandoned. But that's where anxiety lies. so my question is?

1. Did my wife's AOS is deemed abandoned and if it is when will they let us know? We did not miss any appointment with USCIS.
2. If she is asked to leave US what is the next step? What is the fastest possible way for her to get back to US (e.g reapply F1 Visa, Tourist Visa, or H4 spouse visa? etc.)
3. If her AOS is denied but she is allowed to stay under F1 Visa, will she be able to reapply for her AOS again? What would be the steps in that case?


Thank you very much in advance.

[rayb]

Why are you assuming that your Adjustment procedure is abandoned. Leaving the country and returning does not automatically stop processing and create an automatic abandonment. On the other hand, missing appointments or not meeting evidence requirements can be considered abandonment of one's Adjustment processing.

--Ray B

Hi Everyone

I am an H-1B and my Wife is a F-1 Student with a Valid Visa. we both applied i-485 in MAy '14 and got our bio metrics done in June '14. My EB-3 priority date is in Sep '12 and current visa bulletin states the priority date that is the latest is Oct 2011. so my AOS application is on hold until my priority date is current. Unfortunately me and my wife traveled out side of US on Aug 15 and came back on Aug 30 without any AP (i-131) it was an honest mistake. I still have not received any notice from USCIS about her AOS being abandoned. But that's where anxiety lies. so my question is?

1. Did my wife's AOS is deemed abandoned and if it is when will they let us know? We did not miss any appointment with USCIS.
2. If she is asked to leave US what is the next step? What is the fastest possible way for her to get back to US (e.g reapply F1 Visa, Tourist Visa, or H4 spouse visa? etc.)
3. If her AOS is denied but she is allowed to stay under F1 Visa, will she be able to reapply for her AOS again? What would be the steps in that case?


Thank you very much in advance.

[Momen]

Hi Rayb

Thanks for replying. The USCIS website rule states that way. If your AOS is pending and you left US without AP it's automatically considered abandoned. That's why I'm so worried. Also I was going to apply for her EAD and it asks for last date of entry, which will start the question of why there is no AP when they will see our AOS application was received before the entry date.