回複:回國的問題,稍微有點複雜

來源: sdfsdfsdff 2009-04-01 10:45:45 [] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (1037 bytes)
Your AP must be approved before your trip, or your I-485 will risk abandonment. And recently people report I-485 denial reason citing leaving without AP even when the person successfully reentered using AP that was approved during the trip. In the past, when CBP let the person in and we would say the person is lucky and that's it. Now it seems there is still risk that IO will deny when people return without problem at CBP.

If no AP before the trip, you must use H1 to return. Using F1 may be refused admission if CBP finds your I-485 application. Your I-485 may have been abadoned or deniable if still pending. But You can wait to see what happen to the existing I-485 and only file I-485 again (if PD current and have valid non-immigrant status) when RFE issued to the existing I-485 about status/I-94/AP. Afterall, many people have successful I-485 approval even though that I-485 can be considered abandoned. Or if you don't want to risk it, you can withdraw I-485 and file another one when you return with H1 visa.
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