Abandon GC application

G

GrC2005

Registered Users (C)
Hello,

I am looking for some advise. My I-485 is currently in process (filed in July 2007) I have my EAD and AP with EB2 PD of March 2005. Due to personal reasons I have to return back to India atleast for 2-3 years. What happens if I abandon my GC application? Can I come back to US in the future and reapply? (is there any prejudice because I abandoned the previous application).
I understand that I can keep my PD (March 05) even though I have to start GC from scratch (reapply for labor, I-140 etc) is this correct?
Any input you can provide will be very helpful.
 
Why do you have to abandon the application? It is not needed. You are allowed to reside outside the US when the 485 is being processed and you have employer support in terms of answering RFE etc.

GC is for future employment and you can return to US for any finger print requests and things of that nature to keep your AOS active and moving forward. ANd yes, you can port your PD to a future labor petition as of the current law. But you can never think it could be possible in 2-3 years from now.

Just the way substitution labor was eliminated, this might vanish into thin air as well.
 
Thanks txh1b for your reply. I understand GC is for future employment, but if I leave the company now and eventually my GC comes to approval, doesnt the company have to me offer me the job that is on the labor certification? My company would not give me anything in writing that says they will offer me the job when my GC is approved.
Can I change my current application to consular processing and keep it alive? I am just looking for ways to salvage my GC if I can.
Also, how can I return to the US for RFEs if I have left my company (who sponsored my GC), doesnt that mean my EAD and AP are cancelled automatically?
 
Like I said earlier, if you have employer support, it can be done. You can change to CP on an existing AOS application.

If it has been more than 180 days since your 485 was filed and I140 approved, you are free to change employers as well.

And No, your EAD and AP are not employer dependent. 485 is YOUR application and these were a result of the 485. Employer has no control after 180 days and if I140 is approved.

One solution would be to find a employer when you are ready to come back and use AC21 at that time or you can always go the consultancy route.
 
Thanks txh1b that gives me some hope. What do you mean by employer support, what do I need to do before I leave in order to get employer support? Is it any paperwork or just that they let me know if they get an RFE?
It has been more than 180 days since I filed my I-485 and my 1-140 is approved.

If I leave my company now, you say I can come back in 2 years and get a similar job and apply for AC21? I know I am going to get a medical RFE on my 485 because I was pregnant I did not submit medicals. Assuming the lawyer informs me, how do I go about it? Can I enter the US on AP, do my medicals and leave? Also can I renew my AP on my own without employer?
Sorry more questions than answers but I appreciate your response.
 
Is your I140 approved?

AP, EAD does not need employer buy-in. I485 is your application and all USCIS would want from the employer is you to have a job in similar profile as what the labor says at the time of adjudication or whenever they wish to ask.
 
Last edited by a moderator:
Yes, my I-140 is approved. So when my application comes to adjudication I have to produce an offer letter from a company (if not my employer now) that they are willing to give me a similar job (as in labor application). My present company is not willing to promise that they will offer me a job when my GC comes to adjudication. I will have to find another similar job. How will I know when my AOS application will come to adjudication?
 
You must log in or register to reply here.
Top