AP expiring - New AP applied

[baba84]

My wife's current AP is expiring in Jan 24 2009. Applied for renewal in Oct 24 2008. She needs to travel for some urgent matter but won't be able to return before Jan 24 2009. What is the repurcussion if she travels and I mail her the renewed AP later.

[txh1b]

Her I485 is considered abandoned if one leaves before the renewal AP is approved. If she can return based on already approved AP before it's expiration, she will be fine.

Another option is to use non-immigrant visas like L/H.

https://www.immihelp.com/maintaining-h-l-status-vs-using-ead-ap-after-filing-adjustment-of-status/

[qayaal]

Hi txh1b,

My wife's case is similar to this. She travelled on her existing AP that expires on Jan. 27 and her AP renewal is approved after she left US. When I inquired with my attorney if my wife can extend her stay abroad as her AP renewal is approved while she is outside of US and I can mail it to her, they said it is okay to extend her stay.

I am still confused with this conflicting messages. According to my attorney, "She is fine to extend her stay", as she filed while in US and travelled with an approved AP. She can re-enter using her new AP that was approved after she left US.

Please confirm, as I have always taken feedback from this site.

Thank you in advance.

[txh1b]

I am skeptical about it. But since it came from an attorney, you could follow it. I wouldn't do it if I were you.

[qayaal]

Thank you txh1b for your suggestion.

I am abroad right now and received my new AP approval mailed by my friend from US. I received the status of approval via e-mail on Dec. 30, 2008 but the date of issue of my AP approval is Dec. 18, 2008, which is prior to my departure date from US.

Now, can I use my new AP to extend my trip so that I can use this new approval to re-enter US as it has an Issue Date prior to my departure date from US even though it was mailed to me by USCIS after I left the country.

Your suggestion is greatly appreciated.

Thank you again.