Continue GC process while outside US

K

kpatki

New Member
Hello,

Here is my case:

I-140 approved.
I-485 filed in EB3 category with PD of March 2003.
Current H1B valid till April 2011 and employer ready to apply for H1B extension next year.
Recently applied for AP and EAD renewal (for the 3rd time. Previosuly I have had 2 EAD's and AP's) and awaiting response from USCIS.
My wife's GC process is tagged along with mine. She works for a different employer.

I am in talks with my employer to move me to India in the next 2 months. This is for a full-time position for my employer's India operations and possibly a long term move (more than 3+ years). My wife will find a job in India once we move. I wanted to know what my options are to continue our GC process while we work outside US and what is the right approach ?

Few additional questions I have are :
1. Should I change AOS application to CP ? In this case will I be giving up my AP and EAD ?
2. Since I have already applied for the extension of AP and EAD they both should be valid for atleast 1 more year. If I convert my case to CP, are these documents still valid ? Or should I wait for one year to convert my case to CP ?
3. Since I will have a valid H1B visa (employer ready to renew h1b), I can always come back on h1b for travel to US if required. No need for business visa (which has no intention of permenant residency.. and obviously I do since my GC is in process)
4. Is it better to continue the I485 process and visit US once a year to renew AP ? .. and once every 2 years to renew EAD ?

Your prompt reply is really appreciated. Please let me know if there is any other way of legally continuing our GC process.

Thanks !
KP
 
1. Yes, it would mean giving up AP and EAD if you switch to CP. Switching to CP would also mean losing AC21 portability.
2. No. When you switch CP, the cancel your I-485 and the associated EAD and AP.
3. Yes, you can keep going back with the H1B as long as it is valid. And you can "recapture" the time spent outside the US to extend your H1B for longer.
4. Up to you decide what is better for you.
 
kpatki said:
Hello,
4. Is it better to continue the I485 process and visit US once a year to renew AP ? .. and once every 2 years to renew EAD ?

Thanks !
KP
Click to expand...

Bear in mind that if you choose to do so, and apply for AP renewal by visiting the US, you should not leave the country unless AP is approved (even though you have a valid prior AP or H1B) else the AP application would be deemed abandoned and would be denied. No such restriction for EAD renewal though.
 
lprkhoj said:
Bear in mind that if you choose to do so, and apply for AP renewal by visiting the US, you should not leave the country unless AP is approved (even though you have a valid prior AP or H1B) else the AP application would be deemed abandoned and would be denied. No such restriction for EAD renewal though.
Click to expand...

They released a memo saying that people with valid H1B or L1 don't have to wait for AP approval to leave; the AP will still be valid if they leave the US while it is pending. I'll try to find a link to it later.
 
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