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Travelled on valid AP now I485 denied

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  • Travelled on valid AP now I485 denied

    Hi, I first applied for my I-140 in 1992 and it was denied several times and finally approved in 2001 however in the interim my H1-B expired; At no time in that period did I leave the country; I applied for an AP and I-485 after the approval of the I-140 and subsequently left the country and returned and was admitted on three separate occasions; My I-485 was just denied supposedly, because I travelled on the AP before the 485 was granted; Why did they issue me an AP if I wasnt supposed to travel ? and why did they allow me back in 3 times? It seems like a trap to me as now I am subject to the 10 year bar. My alleged period of unlawful presence from September 1997till the 2001 approval of 1-140 is disputed by me because I had pending 1-140 throughout the period. Do I have any recourse to get the decision reversed? It seems rather unfair that since I had no avenue to "stay in status" till the H-1B extension law was amended in 2000 or thereabouts? What are my options? Please help!
    mkba

  • #2
    They issue almost everyon ewho apply for AP. The AP allows you to leave without abandoning your I-485. Whther or you you reenter is always at the discretion at the Officer at the POE. Any unlawful presence after 1997 over 180 days makes you ineligible to enter...........unfortunately, (inefficient and wicked, i dare say )Immigration allowed you to reenter 3 times and so gave you a false sense of security.

    Look at 601 waivers........

    But I would say you need to see an attorney now.

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