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Old 09-05-2007, 01:10 AM
gcpadmavyuh gcpadmavyuh is offline
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Priority Date
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Jan-04
Category
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EB3
I140 Mailed Date
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12/17/2006
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India
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I-485
I485 Mailed Date
:
7/23/2007
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Good article...

485 is not considered abandoned when you leave the country. Just the AP if you leave before the approval of AP.

There are some cases where you enter stale mate if you are outside the country without AP, and your GC is approved.

For eg, if some one on H4 went out of country without AP approval, USCIS considers your AP abandoned. One might have an option of coming back to US on H4, only if the primary's 485 is not approved yet. But if it is approved, the primary is not on H1 any more and H4 is invalidated. This is exactly the the case where having an AP would help.

Quote:
Originally Posted by SDdesi View Post
More information provided here:

http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&do c_hit=1&doc_searchcontext=jump&s_context=jump&s_ac tion=newSearch&s_method=applyFilter&s_fieldSearch= nxthomecollectionid|SLB&s_fieldSearch=foliodestina tion|8cfrsec2452&s_type=all&hash=0-0-0-9171

Basically, any person holding a valid H status (H1 or H4) can travel outside the country without affecting the AOS application as described in the section.



I am not a lawyer.....just a good friend
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