Invalidation of Pending I485 application if not on H4 status and AP expired while abroad


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Hello,

My spouse received file of Adjustment of status in Nov 2020 and received an AOS EAD/AP in  Feb,2020 which was valid until Dec, 2023.

Her H4/ead approval was valid from July2020 to July 2023.

She started using her AOS ead from Mar, 2020 onwards. She also visited her home country and reentered using Advance Parole in Aug 2022.

In June 2023 she again travelled to her home country and had to stay back there. Her H4 exipred in July 2023 and AP expired in Dec 2023 as she could not apply to renew it being out of country,

In May 2024 she went to US counsulate in India and got her H4 visa stamped.

Now if she renters US on H4 visa will her I485 application be cancelled and will she have to apply for I485 again?

Please advise,

Thank you.

KP

 

 

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"Again, the policy regarding pending I-485s remains unchanged. A pending I-485 generally will not be impacted by overseas travel, as long as the individual either is in lawful L-1, L-2, H1B, H-4, K-3, K-4, or V status, and remains eligible for that status upon returning to the U.S., or has an AP document that remains valid through his/her date of return to the U.S. A pending I-131, on the other hand, will be denied if one travels abroad without a valid AP, as described above."

 

USCIS Revises Policy on Travel While AP is Pending - Murthy Law Firm | U.S Immigration Law

Make sure that you discuss the matter with a lawyer.

Edited by pontevecchio
ABUNDANT CAUTION
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