| Q. |
Whether to apply for AP extension
Mine is a EB2 India case with a PD of Apr 2003 filed @ TSC in Aug 2007. I-140 has not yet been approved. My H-1 has expired. We are all in AOS status. Biometrics are completed.
My daughter used her AP to visit US in Feb08, returned to India Mar08. Current AP expires 10/15/08.
She is studying in India and does not plan to visit USA, so I do not intend to apply for her AP extension. I hear that her I-485 will be considered "abandoned" if she does not have a valid AP. Is that correct? I understand she will not have a valid document to enter the US.
Do I need to apply for her AP by getting her over to the US? If yes, does she need to stay in the US till she gets her approval OR can she return to India after getting the I-797 Receipt?
User's Location:
Santa Clara, California, United States of America
Category:
Employment-based Green Card
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