Can I File I-485 after 1 year gap outside US..

D

dapitre

New Member
Hi,
Following is the history of my case...
1> My company filled my LC (RIR) for Greencard processing in March 2001.
2> The LC got cleared in October 2001.
3> In the same month the I-140 was filed. (The parallel processing was not applicable).
4> In August 2002 my I-140 was cleared. My laywer informed me after one month that I cannot file the I-485 as my Salary is not matching (is less) that what is stated in the LC.
5> Laywer suggested that I should file for LC Sub.
6> LC Sub was filed in March 2003. I was to completed my 6 years of stay in Feb 2003 hence Laywer also filed for H1B extension.
7> Since I was getting opportunity to work from India through same company, I decided to have internal transfer to India.
8> Laywer sent me email that my I-140 is cleared in September 2004. I can file for I-485 if I am on US payroll.
9> I checked with my HR whether I can take transfer back to US to complete my GC, I was told I can be transferred only after I complete 2 years. I am completing my two years in July 2005.

What I want to know is if I come back, whether I can file my I-485 with out any problem?
I came to know from one of my friend that I will have to give 3-4 years of W-2 forms to INS. I do not have W-2 form for the year 2004 since I worked from India. What happens in such case?

Please respond as my decision to come back to complete the GC depends on whether I can file I-485.

Thanks.
 
Last edited by a moderator:
dapitre said:
What I want to know is if I come back, whether I can file my I-485 with out any problem?
Click to expand...

You can come back to USA after years and still can file your I-485 provided the LC job position is still available for you.


dapitre said:
I came to know from one of my friend that I will have to give 3-4 years of W-2 forms to INS. I do not have W-2 form for the year 2004 since I worked from India. What happens in such case?
Click to expand...

If you are not in USA, then why will USCIS ask for something (W-2/tax returns in this case) which is not possible? Normally they ask for tax returns when employee is working in USA - just to check employer's ability to pay. In your case it's applicable only when you restart working in USA.
 
Agree with pralay. Your case is a future job case. As long as your current employer would write an employment letter for you, stating you will be hired for a usa job after you get your GC and your salary etc, you should be fine.
 
dapitre said:
Hi,
Following is the history of my case...
1> My company filled my LC (RIR) for Greencard processing in March 2001.
2> The LC got cleared in October 2001.
3> In the same month the I-140 was filed. (The parallel processing was not applicable).
4> In August 2002 my I-140 was cleared. My laywer informed me after one month that I cannot file the I-485 as my Salary is not matching (is less) that what is stated in the LC.
5> Laywer suggested that I should file for LC Sub.
6> LC Sub was filed in March 2003. I was to completed my 6 years of stay in Feb 2003 hence Laywer also filed for H1B extension.
7> Since I was getting opportunity to work from India through same company, I decided to have internal transfer to India.
8> Laywer sent me email that my I-140 is cleared in September 2004. I can file for I-485 if I am on US payroll.
9> I checked with my HR whether I can take transfer back to US to complete my GC, I was told I can be transferred only after I complete 2 years. I am completing my two years in July 2005.

What I want to know is if I come back, whether I can file my I-485 with out any problem?
I came to know from one of my friend that I will have to give 3-4 years of W-2 forms to INS. I do not have W-2 form for the year 2004 since I worked from India. What happens in such case?

Please respond as my decision to come back to complete the GC depends on whether I can file I-485.

Thanks.
Click to expand...


You can apply for AC-140. All you need is employers letter and I-140 approval notice. You can come with GC within three months.
You can also apply I-485 if you can come here using some visa like H1 or L1

But definitely do not use that old attorney. He screwed up you case originally.
 
dapitre said:
Pralay, LCSilence, tammy2,

Thanks for your reply.

tammy2,
What is AC140?

Thanks.
Click to expand...


Although AC-140 is short form of attorney certified I-140. Since your I-140 is approved with appointment letter you can send all the papers directly to Consulate and get the green card stamping. By that you will skip couple of steps NVC.

See the Consular processing forum for more details.
 
You must log in or register to reply here.
Top