AP EXPIRED OUTSIDE U.S.

[suri.k]

A very unfortunate incident happened, I came to India to see my dying father not realizing my AP expired on Dec 10,2016, now I can't enter U.S. My priority date of I-485 is march 2009, my H1B expired on 2/29/2016, now I am in a miserable situation, I went to new delhi asking to renew my AP on humnaitarian grounds but they said they can't, my employer told me that he is giving me 50 days to fix my issue otherwise he will terminate me. My questions are

1- If I had to stay in India, if my employer terminates me, (I got EAD 2 years ago and active until 10/27/2017) meaning I am screwed forever.

2- Can I renew my H1B, my I140 approved with two different employers in last 6 years, last one was 2 years ago, will that allow me to renew my h1b

  kindly answer my questions, please, I really appreciate your help.

[JoeF]

Generally, the I-485 is considered abandoned if the person doesn't enter while AP is valid. The only way around that would be if you were unable to travel, e.g., due to being in a hospital. AP can never be renewed while abroad.

It may be possible to renew the H1 and enter with that.

And next time, check these things before you travel.

[suri.k]

Hi Joe

 it was a horrible mistake and I can't stand myself, my employer said he will renew h1b which was expired on 2/29/2016, he said it won't fall under cap, now my question is, I already went to stamping with it, I am thinking my chances of getting visa is high, what is your opinion, also new rules says I-485 may not be abandoned if I travel while AP was active, kindky share your opinion please

thanks a lot

suri