Consequence of giving up pending I-485

4

485pending

Registered Users (C)
Dear all,

My employment based I-485 has been pending for almost a year. I recently took a job offer from oversea and I have to give up my I-485 application because I will no longer work for a US company. Now my question is what will be the consequence of abandoning my pending I-485 application? I am especially concerned about the following two points:

1. If I want come back and work in the US in the future, will it affect my chance of getting green card in the future? I hope INS won’t get mad that my patience does not last as long as their processing time.

2. If I want to visit US in the future, would my visiting visa be denied because of I used to have immigration intent?

By the way, do I have to inform INS that I am going to give up my I-485 application?

Best
 
possible answers

This is all surmise:

1. your I140/I130 approval will be valid even after a few years . INS wont be mad or judgemental. You can also pursue GC again either using the same IV approal or a new one.

2. Yes, visitor visa might be denied. You can still pursue CP though before coming here.

You can write to INS withdrawing I485 application. If you do not want the immigration petition approval to be valid anymore, you can withdraw that too (in which case you should be able to get visitor visa)
 
There is no time restriction. As long as LCs are done for a similar job , your I140 should be valid . i.e. forever.
 
Forever? This is really good. By the way, I don't have LC because I filed under EB2/NIW. Will my I-140 be forever too?

Best,
 
As long as i140s for your field /area is being approved by INS, you can count on using the I140- under current conditions.
 
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