F2A: I130 approved, I485 rejected because of leaving US during application period

[Chen88]

I filed the application of I130 and I485 at the beginning of 2022. I130 was approved and I also got work permit I765 card approved. I was in the last stage to get the green card and I have also submitted immigration physical examination. However, I485 was finally rejected in Feb 2023 because immigration bureau found that I left US in Feb 2022. At the same time, my work permit card was revoked.

Now there is queue to file I485. So we have to wait. However, is there any suggestion how I can get work permit sooner?

Thanks in advance for any suggestions

[newacct]

Are you currently outside the US or inside? If the latter, how did you enter and when does your stay expire?

[Chen88]

Are you currently outside the US or inside? If the latter, how did you enter and when does your stay expire?

I am in US with L1 visa and it is valid until Feb 2025. However, I would like to have work permit based on marriage so that I can be more independent from company-based visa.

[newacct]

Did you maintain L1 status on your last stay until right before you left? If so, and you re-entered the US on an L1 visa, your I-485 shouldn't have been abandoned, and the denial would be a mistake.

Anyway, you can file I-485 again right now, according to USCIS's Adjustment of Status filing charts, since your I-130 was filed before Sep 1, 2023. You would attach a copy of your I-130 receipt. And I-765 for EAD and I-131 for Advance Parole can be applied for free together with I-485. As for how long it takes to get the EAD, it's hard to say.

[Chen88]

Did you maintain L1 status on your last stay until right before you left? If so, and you re-entered the US on an L1 visa, your I-485 shouldn't have been abandoned, and the denial would be a mistake.

Anyway, you can file I-485 again right now, according to USCIS's Adjustment of Status filing charts, since your I-130 was filed before Sep 1, 2023. You would attach a copy of your I-130 receipt. And I-765 for EAD and I-131 for Advance Parole can be applied for free together with I-485. As for how long it takes to get the EAD, it's hard to say.

Thank you!. May I ask you a question about the difference of " FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES" and "DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS". I see different dates on those two tables.