Maximum period of stay abroad with valid AP while I485 is pending

[vinodhini]

Hi everyone,

My husband's company will be filing GC under EB1 category(Indian origin) by this month end(we are done with all medicals and documentation). Our visa is expiring during April'2017.

Once we get our AP approved, we are planning to go to India and stay for about 6 months and then return US with the AP.

Can anyone help me understand if there is a maximum period of stay outside US while I485 is still pending? Or our entry will be rejected and I485 will be abandoned?

[Speshul Kay]

I stayed 11 months

There's no maximum period and you're able to use your AP as long as it's valid and MOST IMPORTANTLY as long as you have an underlying valid reason for returning. I stayed away 11 months overseas. The challenge of course is that USCIS is unpredictable and if they deny your application or petition while you're away you may not be able to return. I received a Notice of Intent to Deny NOID while I was away which was extremely scary but luckily my spouse was home to receive and forward all documents to me