AP Renew denied. Will it impact pending 485?

[USA2018]

Applied EAD and AP renew in January 2018, while the previous combo card will expire in March. My wife help submit the renewal application when I traveled back to China. Just got a AP denial letter saying this application was filed when I am not present in the U.S. and therefore denied. I am EB1A applicant. Without AP, I can not come back to U.S. My questions are 1) would these impact my pending 485? Are there other ways to come back to U.S.

FYI, EAD renew got approval, and a card has been produced.

Thank you for your help!!

[newacct]

Applied EAD and AP renew in January 2018, while the previous combo card will expire in March. My wife help submit the renewal application when I traveled back to China. Just got a AP denial letter saying this application was filed when I am not present in the U.S. and therefore denied. I am EB1A applicant. Without AP, I can not come back to U.S. My questions are 1) would these impact my pending 485? Are there other ways to come back to U.S.

FYI, EAD renew got approval, and a card has been produced.

Thank you for your help!!

Before you left the US, were you in H1b/H4/L1/L2 status?

[USA2018]

Before you left the US, were you in H1b/H4/L1/L2 status?

No, only have B1/B2 visa.

[wimon]

Are you outside US right now? If so, the AP denial means you can not enter again and the 485 will be considered abandoned.

[USA2018]

Are you outside US right now? If so, the AP denial means you can not enter again and the 485 will be considered abandoned.

I am outside of the U.S. right now. Are you sure they will cancel my 485? So far, it is still showing RFE response received and my EAD card renewal was succeed even though the AP was denied. It said I can re-apply AP at any time. Hope 485 will still be proceeded.

[wimon]

I am outside of the U.S. right now. Are you sure they will cancel my 485? So far, it is still showing RFE response received and my EAD card renewal was succeed even though the AP was denied. It said I can re-apply AP at any time. Hope 485 will still be proceeded.

Unfortunately your 485 will be denied, since you have no other visa that allows dual intent to enter the US.

It takes time for them to process it though so it?s not immediately denied. But it will be denied in the end.

[newacct]

First of all, you generally cannot apply for an AP when outside the US. Second, even if you were inside the US when you applied for your AP, and you left on your old AP when your new AP was pending, and even if they approved the new AP (if this was before they started denying APs for people leaving while the AP was pending), you are still required to re-enter on the old AP before the old AP expired -- you cannot use the new AP to re-enter even if it's approved because you left before the new AP was approved -- you would only be able to use the new AP on future trips after it was approved. So in every case (regardless of whether the new AP was approved or denied) you had to return before the old AP expired. When you stayed out after the old AP expired, you definitely abandoned your I-485.