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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 08-22-2007, 02:12 PM
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nowhereman is infamous around these parts
Default Leaving USA while waiting

Dear All,

I am a July 2nd filer, currently we haven't received the receipts yet. I am currently attending college, and recently an opportunity came up to study abroad in France for Spring 2008 (INSA Toulouse, scholarship available). My question is twofold:

1. Will I be able to leave the USA for an extended period (a semester, ~4 months) if I have AP?

2. If yes to 1, what are the chances of my receiving AP by January?

Thanks!
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  #2 (permalink)  
Old 08-22-2007, 02:16 PM
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I think if you give more details as to when you applied, your PD date, what EB category....that would help us answer your questions. With the information you gave it brings up a lot of questions like how did you even apply for employment based GC when you are a student? Maybe there is some connection i am missing here....please explain more so we can try to help.
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  #3 (permalink)  
Old 08-22-2007, 02:19 PM
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nowhereman is infamous around these parts
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I'm applying as a dependent of my parents, who are employment-based. They applied AP and EAD same time as I-485 and I-140 (July 2).
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  #4 (permalink)  
Old 08-22-2007, 02:22 PM
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I think you could use your AP but as to your second question, only the gods at USCIS could answer that. The only problem I forsee if you are absent for such a long period is missing your finger printing appointments.
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  #5 (permalink)  
Old 08-22-2007, 02:26 PM
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So if I have AP, I am allowed to be outside the country as long as I want, subject to the condition that I'm present for fingerprinting interview? If this is the case, then I can always make an emergency trip back to the US for fingerprinting right?
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  #6 (permalink)  
Old 08-22-2007, 02:27 PM
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Ok now it makes more sense.....first you will be getting a reciept any time now as people who are July 16th and 18th are already getting reciepts. I would recommend you wait to get a reciept before leaving the country. I am also assuming you have H-4 visa therfore you can freely travel on that visa regardless of when you get the AP as your visa i am assuming is still valid for another 6 months. The AP issuance depences on different factors as TSC is doing it at a much faster rate than NSC. if your parent filed at NSC then i would predict in about 3 months if it is TSC it could even be one month. In any case your H-4 lets you travel freely and pursue the opportunities. Have fun in France.
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  #7 (permalink)  
Old 08-22-2007, 02:28 PM
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and as far as in fingerprinting comes in the meantime, your parents can reschedule it for you.
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  #8 (permalink)  
Old 08-22-2007, 02:30 PM
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I wouldn't say "as long as you want". Reasonable absence based on reason given in your AP application. So the question arises, did you put that reason for absence in your AP application?
Also your AP is for a period of one year and you would not be able to re-enter after it expires.


Quote:
Originally Posted by nowhereman View Post
So if I have AP, I am allowed to be outside the country as long as I want, subject to the condition that I'm present for fingerprinting interview?
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"All the problems we face in the United States today can be traced to an unenlightened immigration policy on the part of the American Indian."
- Pat Paulsen
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  #9 (permalink)  
Old 08-22-2007, 02:30 PM
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nowhereman is infamous around these parts
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I am actually on F-1 status without visa (adjusted to F-1 from H-4), so I will have to depend on AP to leave the country.
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  #10 (permalink)  
Old 08-22-2007, 02:31 PM
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AZ_GC is infamous around these parts AZ_GC is infamous around these parts AZ_GC is infamous around these parts
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see now this changes the entire ball game.......you will definately need to wait for AP and there is no way ou can renter without that.
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  #11 (permalink)  
Old 08-22-2007, 02:36 PM
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nowhereman is infamous around these parts
Default

Thanks for all the replies! As this program is for spring 2008, I think there's a good chance I will have AP by then.
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  #12 (permalink)  
Old 08-22-2007, 02:48 PM
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Default I just want to add to what AZ_GC said...

F1 is so different from H1/H4 that....if you travel before your AP is approved it is considered abondonment of AOS and considering you do not have an F1 stamp in your passport it will be very hard to get an F1 stamp approved since you already showed intent to immigrate.

The only last option for F1s to travel without AP is get another H4 stamping done oversees and come back to US as H4. I think one still abondons the AOS.



Quote:
Originally Posted by AZ_GC View Post
see now this changes the entire ball game.......you will definately need to wait for AP and there is no way ou can renter without that.
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