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Can I Apply AP from India?

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  • Can I Apply AP from India?

    Hi All,

    I have H1B extension Approved till 2010 and My I-485 is still pending and My Initial H1B Visa got expired in 2007 and I have EAD that expires on Sept. 2010 and My AP got expired recently while I was in India for a surgery and coudn't do much due to personal problems.

    Is there any possibillity of Applying AP from India? Please share your valuable thought on this.

    Thanks in Advance!!

  • #2
    No. AP has to be approved before you leave the US for your 485 to not be abandoned. For you to retain your GC application, you need to return on H1b only and work on H1b.

    http://immihelp.comhttps://www.immih...ent-of-status/

    If you have already used EAD and became a parolee, your GC is likely considered abandoned if you do not return before your AP expires.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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