Consequences of Stopping GC Application

N

needsomelucks

New Member
Hi,

I am new to this forum but I found it's very helpful with some many experienced and warm hearted people. I have a question probably unique and need your input.

My I-485 was filed in December 2002 so I have passed the 180 day mark when I was laid off in December 2003. I could be looking for new jobs and using AC21, which I will definitely try. However, I got a very attractive offer in Asia and I want to take that, start date is flexible but probably August 2004 is the latest. I am thinking what if I just stop the application of GC and go back to Asia next spring. I can accept it because I am pretty sick of this whole process. However, it may be risky.

Suppose I did it, then in the future when I want to come to the US for business or personal reasons, it's possible the consulate will deny my visa app because I have showed intention to immigration in the past. Do you think this would be a big problem? Could I explain that I tried GC, but decided not moving forward, so it showed I didn't have intention of immigration?

The other solution is I find another job and wait until the GC is approved. Based on your experiences, when should I expect I will get the GC and ready to move to somewhere else? What next steps I should expect in the next year?

Thanks in advance for any valuable suggestions.
 
Originally posted by needsomelucks
Hi,

I am new to this forum but I found it's very helpful with some many experienced and warm hearted people. I have a question probably unique and need your input.

My I-485 was filed in December 2002 so I have passed the 180 day mark when I was laid off in December 2003. I could be looking for new jobs and using AC21, which I will definitely try. However, I got a very attractive offer in Asia and I want to take that, start date is flexible but probably August 2004 is the latest. I am thinking what if I just stop the application of GC and go back to Asia next spring. I can accept it because I am pretty sick of this whole process. However, it may be risky.

Suppose I did it, then in the future when I want to come to the US for business or personal reasons, it's possible the consulate will deny my visa app because I have showed intention to immigration in the past. Do you think this would be a big problem? Could I explain that I tried GC, but decided not moving forward, so it showed I didn't have intention of immigration?

NO. That will not be a problem. Explain them that your company had applied for GC and you decided not to pursue for GC.

The other solution is I find another job and wait until the GC is approved. Based on your experiences, when should I expect I will get the GC and ready to move to somewhere else? What next steps I should expect in the next year?

You should get your GC by end of next year. somewhere between Sep - Dec 2004 if the current trend continues. Try the RUPNet.com GC calculator. You can quit your job if your I140 is already approved.
Try working on the EAD if you get laid off or get a job with H1B. But make sure you get a job in the related field and file AC21.

And have patience till you get ur GC.

hth
dyno


Thanks in advance for any valuable suggestions.
Click to expand...
 
Well you did not spell your EB category or service center. So it si difficult to predict when you will get GC. Moreover, one does not know all the RFE possibilities of your case.
If you withdraw the GC before leaving for asia, and have proof that you abandoned the GC procedure, you need not worry about proving to the consulate that you have forsaken the immigrant holy grail.
 
Thank you for these great insights. Here is more details of my case, I am in the EB2 category, and the case is in VSC. RD 12/10/02, ND 12/30/02, I-140 approved in January 2003. In late January, we got EAD and AP.

Could you please estimate the case approval dates more accurately based on these?
 
needsomelucks,

Did you try rupnet greencard prediction link ? That possibly could be the farthest illusion someone can give you given the trackrecord of CIS
 
MrCoolz,

I haven't figure out how to make predictions using the RUPNet information. However, my lawyer said I should be expecting the approval/RFE (possibly) in March 2004, must earlier than your prediction of September. Do you have any comments?

Another questions is about once I get the greencard, and I want to go back to work in Asia. What would be the proper procedure/logistics to maintain the GC... I know there are a lot of things, but not sure I got the right info. Do we have a forum about this topic?

Thanks for any input... I found this forum quite helpful...
 
needsomelucks,

Wow! if your lawyer says you are likely due for March 2003 - that a little bit of a positive hope.

Reg RUPNET prediction - go to www.rupnet.com and look carefully for a link called Green Card Prediction - enter your details there and if will give you an approx predicition.

Regarding going back to work in Asia once you're GC is approved, thre are quite some stipulations as you have to maintain status in this country as well,like for example you can stay out of the country for more than 180(I might be wrong) days and so on. Pls look for the archives in this site for complete details.

Thanks
 
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