Company moving me to UK - Can I mantain GC process in US while living abroad?

[Denebolina]

Company move from US to UK-Can he mantain GC process in US while living abroad?

Background:
My fiance and I are both currently working for different multinational companies in the US. Our companies will soon move us from the US to their respective London offices. He is currently in the US with an H1b visa and he has a pending Green Card application that was filed in 2003. He will need an HSMP visa permit to work in the UK, but his company will provide that for him.

Question:
If we move to London and continue to work for the same companies, can he keep the Green Card process going, or will the application be dropped?

 

[Rafiq]

Depends...

Hi,

The I-485 is an application for a FUTURE position if your husband had applied through employment route so theoretically the application is still good. The catches are: if the USCIS wants to interview you, you will have to travel back to the US, and more importantly; 2) if your husband's application is approved, he would have to return to the US to take a US position. If you are out of the US for more than a year, the PR is considered abandoned. I am not a lawyer but your case is tricky.

Rafiq