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For everyone's info, I got my AP approved, which I showed at Deferred Inspection. They gave a new I-94 and it was all set. Nevertheless, my lawyers still said this could affect my I-485 application and it could still be in jeopardy when it's review happens. Apparently there is no end to this misery
Reply to collkaverill
collkaverill - What is your status now?
I just wanted to share with you that my husband was in a very SIMILAR SITUATION as yours. He did not know that he should have applied for a new 485, so he just applied for a new AP and EAD. Once his PD became current last year in July, we got a denial for his 485 and USCIS stated that it was denied due to abandonment.
I highly recommend that you should check with your attorney and do your own research as well.
My husband had to re-apply his 485 in July 2011 and we are still waiting on the decision.
* EB2 - PD: July 2006
* Traveled out of country by mistake on expired AP in Nov 2009
* Denied entry upon arrival with expired AP
* Got a new h1 (3 months) in vancouver BC and got it stamped, and then re-entered to US in Jan 2010
* Upon arrival in US, applied and received new AP and EAD
* June 2011> PD became current
* July 2011> 485 denied (due to abandonment)
* July 2011, applied a new 485 (maintaining the same PD of 2006)
* Nov 2011 > Received approved new EAD and AP
* As of March 2012, still waiting on decision
Now my questions are:
1) Is my 485 abandonment a "done deal"? or will it depend on what happens at deferred inspection?
2) What are the odds that I will get a new Advance Parole? (maybe related to 1)
3) To get H1-B, I need to get my petition approved, and then I need to step out of the country to get the visa stamp. If I am able to do this before "deferred inspection", I may have to surrender the I-94 that I got with deferred-inspection stamp on it. The officer asked me to bring that I-94 for the inspection. So how do I preserve it when stepping out?
4) If I am unable to get my approval and/or h1-b stamp by the inspection data, what will happen?
5) I am Indian national with EB3 priority date in Jan 2003. It's not current now. So can't really file for another 485/EAD/AP right away. Say if my 485 is abandoned, can I restart the whole process in EB2 and carry over my old priority date? Then I will be current and I may be able to file for another 485 within 6 months (adhering to 180 day rule).
|aos , deferred inspection , expired parole|
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