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AOS approved while out of US -- do i need to come back ASAP?

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  • AOS approved while out of US -- do i need to come back ASAP?

    I am on vacation in India and have a valid AP and my intent was to come back to US after one month on AP.

    In the mean while, my AOS approved while i am in India and USCIS sent me an automated email saying that i should receive the card in next 60 days.

    1) Can i still come back to US, on AP, after 45 days or do i need to be present in US, when AOS arrives at my US residence? What are the issues that i should be aware, while i continue to stay in India, while my AOS got approved.
    2) If i can come back to US on AP after 45 days, what should be my response at at port of entry, when they question me, about my AOS being approved and me not being present in US at that point of time?

    Thanks.

  • #2
    60 days? 45 days?

    How long is your vacation? Are you NOT planning to return within this time period? If not, you of course have a justifiable reason.

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    • #3
      thanks...60 days..i originally planned to arrive in US, during May 3rd week on AP.

      Since my AOS got approved now, should i be present in US, when it arrives? or can i come back to US on AP during May 3rd week.

      What are the known issues/problems, if i don't return to US now while AOS got approved, but return on AP during May 3rd week?

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      • #4
        Nothing to worry. You can return on AP and there will not be any issues as long as the I485 was approved while you are outside the US and AP was approved before your departure.

        If there is a problem, (not likely), they will do a Deferred Inspection and allow you into US with a request to produce the required document (GC) within a specific period of time. This will not be the case most of the times if the above conditions are met.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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        • #5
          Thank you very much for the quick response. Appreciate it. What happens, if AOS card arrives, before i come back to US, since it got approved and can arrive anytime between now and 60 days....

          can i still return back to US during may 3rd week, on AP, while AOS card arrives at my US residence..?

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