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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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  #1 (permalink)  
Old 01-05-2012, 12:07 PM
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Unhappy Applying AP from India

Hello, I have a valid 140, 485 and expired EAD with me. My AP got rejected because my employer forgot to attach the check with it. I had to travel to India for emergency so couldnt reapply for AP. I had a valid H1B which also expired last month but i am sure that we could reapply for another extension since I have a valid 140.

My query is - Could I apply for AP from India ? There is a option on the form 131 which says that the AP will be sent to Consulate in India. I dont have a project in hand in US so getting H1B extension might be tough.

Thanks for the help, Please let me know I am missing any details.

- thanks and Regards
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  #2 (permalink)  
Old 01-05-2012, 12:26 PM
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You were not supposed to leave US till your AP was approved. Now even your 485 may be considered abandoned.

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Originally Posted by Survivor0 View Post
Hello, I have a valid 140, 485 and expired EAD with me. My AP got rejected because my employer forgot to attach the check with it. I had to travel to India for emergency so couldnt reapply for AP. I had a valid H1B which also expired last month but i am sure that we could reapply for another extension since I have a valid 140.

My query is - Could I apply for AP from India ? There is a option on the form 131 which says that the AP will be sent to Consulate in India. I dont have a project in hand in US so getting H1B extension might be tough.

Thanks for the help, Please let me know I am missing any details.

- thanks and Regards
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  #3 (permalink)  
Old 01-05-2012, 12:31 PM
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Originally Posted by DSLStart View Post
You were not supposed to leave US till your AP was approved. Now even your 485 may be considered abandoned.
Thanks for the quick response.

When I left for India I had my 3 yrs H1B extension with me just that I did not return on it. So I am sure not applying for another AP was fine. Am I missing something here ?

- thanks
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  #4 (permalink)  
Old 01-05-2012, 12:37 PM
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I think not renewing/applying AP won't invalidate your I-485. If you have approved HIB extention(797), you can try to get the stamping done.However, not having a job and getting stamping done is an another story.
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  #5 (permalink)  
Old 01-05-2012, 12:41 PM
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Originally Posted by Amman View Post
I think not renewing/applying AP won't invalidate your I-485. If you have approved HIB extention(797), you can try to get the stamping done.However, not having a job and getting stamping done is an another story.
Thanks Amman, My question is if I can reapply for AP from India because there is an option on the form 131 which says so.

H1B extension is another story I know...

- thanks
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  #6 (permalink)  
Old 01-05-2012, 12:45 PM
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Quote:
Originally Posted by Survivor0 View Post
Thanks Amman, My question is if I can reapply for AP from India because there is an option on the form 131 which says so.

H1B extension is another story I know...

- thanks
No, I don't think you can apply AP from India, that would invalidate your I-485. I think only option you have now is to get the stamping done.
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