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I485 pending - Going out of US without AP

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  • I485 pending - Going out of US without AP

    Hi,
    Here is my situation.

    Came to US on H1 changed employer by transferring/renewing H1 I have to get the new H1 stamped on passport. Old H1 (by first employer) expired.

    I have filed my I485 last year, it is in pending. I got EAD and AP. I haven't used EAD yet. I didn't bothered to renew EAD and AP because I didn't even thought consulate will reject H1 by asking things like stupid client letters. I know it's my ignorance and I haven't done anything wrong or misrepresented, so I was not worried at all. After starting to read about visa denials in this board, now I have given for EAD and AP renewal as a backup. It is so sad that some people are making things this difficult for the genuine ones, my friend is stuck in India now.

    Anyway my question is regarding AP:
    If I take the risk of visa denial(!!??) and go to India, without waiting to get my renewed AP, will my I485 be rejected, even if I got the visa and reentered US using visa?

    I asked this because I heard of something like "If you leave the US without an AP while your I485 is pending, its is considered as you abandoned your I485 application".

    Thank you very much for any reply.
    SKP

  • #2


    As long as you enter on a NIV, you will be fine. If it gets denied, as you left without AP, your 485 is considered abandoned.

    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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