ap application

[devikaa]

Hi I am planning to apply for AP. However while it will continue to process, I will have to travel using h visa.

Will that cause denial of AP or deemed abandoned as I will be leaving USA and entering before AP is approved.

Thanks

[Belle]

Depends on a visa. If you have a dual intent visa like H1/H4 or L1/L2, then there are no issues. If you have a non-immigrant visa like F, your I-485 may be denied.

[devikaa]

Thanking you for your answer.

I will have to provide more details about my case. I am in dilemma as I don't have much time and not sure what should be done in this situation.

 

H1 is residing and working in USA. H4 is living in Canada and making occasional stay in USA. Both have filed i-485 long ago and have been waiting for approval and intend to be back to USA permanently.

 

H1 and H4 visa/approval are ending on 15th July. H1 extension is pending. No H4 extension was done. The plan is to go for visa interview before 15th July. If everything works as planned, there may not be an issue as we have the H-visas and i485 is not considred abandoned. The concern is that if H1 is not approved before 15th July or even if approved we don't get a date for visa interview and by then the current visa expires, should the H4 abandone the i485?  

 

What are our choices? We were thinking of filing AP. But have not done so as the approval may not come before 15th Huly. Stressed.

 

Hope I made sense in asking this question. If not please let me know and I will clarify further.

 

Thanking you.