Can I-140/I-485 be saved, If leave USA for 2-3 years ?

K

kdtripathi

New Member
Hello,

I am in USA on H1-B visa and will complete 6 years of my H1-B in October 2004. I am getting my green card processed through one of my previous employers with whom I am no longer working. I have got my Labor Certification done and applied for I-140/I-485 almost a month back.

The issue I am running into that due to some personal reasons I need to stay in India at least for next couple of years. As far as I know If I leave USA that long it will get my Green Card process cancelled. So I am wondering If you guys can suggest some way so that I can remain in India and still save my Green Card Processing?
 
How did you apply for your I-485? AOS or CP? if CP then yes, you can stay out of the country while your application is adjudicated. If AOS then maybe you can apply for AP, get approval, go out come back in time to apply before validity expires, get approval go back out ...I don't know sounds crazy..but possible.

In short you can stay out safely if you have chosen CP option.

Hope that helps.
 
kdtripathi,

Generally if you leave the country for such an extended period of time after filing an adjustment of status (I-485), the adjustment application is considered to be abandoned. In most cases you can use an advanced parole document for re-enteing the US after travelling outside the country for shorter periods of time (2 years is too long). You might want to ask your lawyer if Counsular Processing is an option for you, it might not buy you 2 years but you might be able to get around a years time.

MNP
 
Al_Paso,

Form I-485 is filed to adjust status of a person to that of a permanent resident while the person is in the US. There is NO FORM I-485 involved in CP (Counsular Processing).

MNP
 
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