masala dosa
Registered Users (C)
THESE ARE SOME ANSWERS I GOT ON MY QUESTIONS TO COMPANY’s IMMIGRATION LAWYERS OFFICE:
(If anyone has any views please feel free to share … Thanks!!!)
I am making some plans(read serious) for my future and this includes completing a business degree outside US. Outside US due to the fact that its only for one year unlike two years in the US. In preparation for this, I would like to get some clarification on applying to studies OUTSIDE US while I-485 is pending. With the latest August Visa Bulletin, I have very little hope anything will improve in the next 2-3 years. My questions are based on the following assumptions:
(a) Admitted to a school outside US for MBA. MBA program duration will be for one year only. (Start: October 2007/ Ends: October 2008)
(b) Granted "sabbatical" unpaid from Mr. Employer for one year.
(c) Priority dates of EB3 India is still stuck in 2001 and haven't progressed any where close to my PD i.e. July 2002.
(d) In October 2007 ( at the time of start of classes) I will have in my hand - EAD expiring Dec 07/AP expiring Feb 08/H1 expiring 2010.
It is entirely at the discretion of Mr. Employer as to whether they will continue to offer you permanent employment in the United States upon approval of your permanent resident status. If it is your intent as well as Mr. Employer’s that you will be returning to the U.S. to assume a similar position as that offered to you by Mr. Employer at the time of LABOR, your application for permanent residence can continue and your priority date can be maintained. During the I-485 application process, USCIS can request confirmation of a continuing offer of employment by a U.S. employer. If you cannot produce evidence of an offer of permanent or continuing employment by a U.S. employer, your I-485 application will be denied.
(1) Will this plan work? See response above.
(2) Can I exit US with 485 pending? (Note: Spouse in school and hence keeping the 485 file alive is of utmost importance) See response above.
(3) Do I qualify for "re-entry permit"? I guess its only for people with PR. A reentry permit is for permanent residents.
(4) Can I apply for a new set of EAD/AP while staying outside US? Same question for my wife can she apply in my absence in the US? Yes, however, you must return to the U.S. prior to the expiration of documentation utilized when you departed the U.S. A new advance parole document cannot be used to gain entry to the U.S. if that document had not been issued prior to your departure.
(5) If I need to visit my wife in the US, during Oct07-Oct 08, how do I enter? AP or H1? (even though I will be on sabbatical)? If your employment with Mr. Employer has been terminated, you will need to reenter on your parole document. However, your parole document is contingent upon your I-485 application pending at USCIS. If Mr. Employer withdraws their I-140 petition, and you do not have another offer of continuing or permanent employment by a U.S. employer, your I-485, and thereby your advance parole document, may no longer be valid.
(6) How can be a RFE be handled in my absence? It will depend on the issues raised by the RFE.
Finally,
What happens if PD actually moves to July 2002 and my file is approved but requires some kind of physical interview (during my absence in the US)? You must return to the U.S. to attend any interviews or fingerprint requirements.
(If anyone has any views please feel free to share … Thanks!!!)
I am making some plans(read serious) for my future and this includes completing a business degree outside US. Outside US due to the fact that its only for one year unlike two years in the US. In preparation for this, I would like to get some clarification on applying to studies OUTSIDE US while I-485 is pending. With the latest August Visa Bulletin, I have very little hope anything will improve in the next 2-3 years. My questions are based on the following assumptions:
(a) Admitted to a school outside US for MBA. MBA program duration will be for one year only. (Start: October 2007/ Ends: October 2008)
(b) Granted "sabbatical" unpaid from Mr. Employer for one year.
(c) Priority dates of EB3 India is still stuck in 2001 and haven't progressed any where close to my PD i.e. July 2002.
(d) In October 2007 ( at the time of start of classes) I will have in my hand - EAD expiring Dec 07/AP expiring Feb 08/H1 expiring 2010.
It is entirely at the discretion of Mr. Employer as to whether they will continue to offer you permanent employment in the United States upon approval of your permanent resident status. If it is your intent as well as Mr. Employer’s that you will be returning to the U.S. to assume a similar position as that offered to you by Mr. Employer at the time of LABOR, your application for permanent residence can continue and your priority date can be maintained. During the I-485 application process, USCIS can request confirmation of a continuing offer of employment by a U.S. employer. If you cannot produce evidence of an offer of permanent or continuing employment by a U.S. employer, your I-485 application will be denied.
(1) Will this plan work? See response above.
(2) Can I exit US with 485 pending? (Note: Spouse in school and hence keeping the 485 file alive is of utmost importance) See response above.
(3) Do I qualify for "re-entry permit"? I guess its only for people with PR. A reentry permit is for permanent residents.
(4) Can I apply for a new set of EAD/AP while staying outside US? Same question for my wife can she apply in my absence in the US? Yes, however, you must return to the U.S. prior to the expiration of documentation utilized when you departed the U.S. A new advance parole document cannot be used to gain entry to the U.S. if that document had not been issued prior to your departure.
(5) If I need to visit my wife in the US, during Oct07-Oct 08, how do I enter? AP or H1? (even though I will be on sabbatical)? If your employment with Mr. Employer has been terminated, you will need to reenter on your parole document. However, your parole document is contingent upon your I-485 application pending at USCIS. If Mr. Employer withdraws their I-140 petition, and you do not have another offer of continuing or permanent employment by a U.S. employer, your I-485, and thereby your advance parole document, may no longer be valid.
(6) How can be a RFE be handled in my absence? It will depend on the issues raised by the RFE.
Finally,
What happens if PD actually moves to July 2002 and my file is approved but requires some kind of physical interview (during my absence in the US)? You must return to the U.S. to attend any interviews or fingerprint requirements.