Can I file 485 and immediately leave out of US?

[aayd]

Hi, I am eligible to file for 485 in July. My 140 was already cleared. I had already taken up a job in India for my current employer and am leaving in mid july. I was in EB3 and my priority date was Dec 2004. The clearance of retro was a sudden surprirse.

Is there a way that I file my 485 and then leave to India as planned in July mid? I truly want to continue my GC processing while at the same time continue with my commitment to serve in India.

Appreciate any insights.

Thanks,
AD

 

[manwithnoname]

If you want to leave U.S. immediately after filing I-485 then you have to maintain H-1B status during your absence. Please note that your H-1B will invalidate upon I-485 approval prior to your return.

Other option is consular processing.

My 2 c.

 

[amantha]

If you want to leave U.S. immediately after filing I-485 then you have to maintain H-1B status during your absence. Please note that your H-1B will invalidate upon I-485 approval prior to your return.

Other option is consular processing.

My 2 c.

Doesn't one need to be in USA on valid H1b visa even for Consular Pocessing? Can consular processing be done for propsective employees staying outside USA.... without H1b visa? Pl. clarify.

Thanks,