Last year, my wife and I filed our I-485 applications. After her AP was issued, her employer asked her to move back to their headquarters in India for a temporary assignment. Is there a limit on how long she is allowed to stay abroad with her I-485 pending?

Answer

There is not a specific limit to the amount of time a person with a pending I-485 can remain outside the U.S. The issue, however, is how the individual will be able to return. If the applicant is relying on the AP document, she must return before the AP expires. If she plans to return in an appropriate status (e.g., H1B, H-4, L-1, L-2), she must do so while still eligible. You may wish to read the MurthyDotCom NewsBrief, I-485 Approval During International Travel to review the process of entering the U.S. if the green card is issued while she’s still abroad. (07.Sep.2023)

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