Help - Dilemma

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gc_man

Registered Users (C)
I have been struggling with a unfortunate situation. I have my 485 pending for more than a year (RD: 11/29/03), I am still continuing to work in H1 though.
For last 1 year or so, I have been struggling with few health issues and have been wanting to go back to India to have more family support and alternative treatment options..

The dilemma has been:
1. Should I abort the 485 process, meaning formally withdraw it so that I do not get into "immigrant intent issues" later in the career, for even short visits.
2. Should I continue 485 for now give it few months in the hope that it will get approved and then apply for re-entry permit and rest. The end result may still be surrendering a green card for later short visits.
3. Just go back without doing anything with this 485..and let it die its own natural death..( just don't know ..where it will end up)

Around an year back I spoke with my lawyer around this issue and they suggested that 485 applied once should be taken to atleast one conclusion - approved or denied....but it seems I am really running out of time..afterall GC is just GC not your life.... The big advantage till date that I had for filing the GC has been that atleast my wife has been able to work for an year..nothing else.
Any sensible thoughts or suggestions..

:confused:
 
Not sure why your lawyer said so. There is a way to withdraw I-485. Some people do it when they apply for CP processing.
But the fact is that, when the "question of immigrant intent" comes to picture, withdrawal of I485 is not going serve the purpose, because merely applying for AOS itself is showing immigrant intent.
If you leave your current H1 job and leave USA without Advance Parole, your I-485 is automatically considered abandoned (as a result it will be denied eventually).
If you abandon your I485, is it going to cause problem in future? Atleast not for any dual intent visa like H1 or L1. For business visa? Difficult to say because it mostly and mainly depends on the type of business you are visiting for.

If you are really decided about moving back to home country permanently, you just can abandon your I-485 without doing anything.

On the other hand, if are still undecided about it, I would recommand you to obtain Advance Parole and then leave USA. That way, if you are approved within one year, you still can come back provided your USA employer is still willing to employ you (and hopefully your health will better then). Keep in mind that you need to return USA before your Advance Parole expires.

Another option is withdrawing I485 and opting for consular processing (again it depends on your employer's interest on you). It can be good option when your are not sure that you will be able to come back USA within one year. But your employer agree that they are willing to employ you even if you decide to come back after say 1.5 years or 2 years.

It's very difficult comment or give any recommendation without understanding your exact situation - your health condition, how long you want to stay or how quick you want leave. I would recommand you to find all the possible avenues first (not just three you mentioned) and then decide what's the best option.

As a site note, if you are approved in USA and then decide to go back to your home country, you can return your green card to nearest consulate stating that you are giving up you PR status. I don't think there is any impact in future for giving up PR status. In fact, after giving up PR status, if you try to enter with a non-immigrant visa or apply for it (like business visa) it clearly shows that you don't intent to immigrate.
 
Thanks Parlay. I am hoping for the last option that you mentioned to work for me in the next 3-4 months and I have the AOS approval.. lets see.... Its kind of tough waiting for something which one is finally going to give up. :)
 
Question for Parlay and other experts

I have already completed more than a year since filing my 485. Is there anything like a combination of change of job ( i think AC..whatever..) and Cousuler processing together. So basically if I want to continue my GC process while I am in India, do I need to stick with the current company or I can switch jobs in India in the hope that if my personal situation improves I come back here later on another company's (name sake) approval...

I hope I am making sense in asking this question.. I am getting sick of my current company but sticking on in the hope that if I really go back in the next few months, I will have a decent job in India....but if there is another way out..I will probably think about that..
 
gc_man said:
I have already completed more than a year since filing my 485. Is there anything like a combination of change of job ( i think AC..whatever..) and Cousuler processing together. So basically if I want to continue my GC process while I am in India, do I need to stick with the current company or I can switch jobs in India in the hope that if my personal situation improves I come back here later on another company's (name sake) approval...
Click to expand...

AC21 does not apply to consular processing (CP). If you choose consular processing and go back to India (leaving your US company) you can work in a different company in India (or do whatever you want to do - it does not matter). But upon CP approval if you to come back to USA you have to join the very same company who processed your green card. There are different opinions about how long you should work with GC procesing company, but general thumb rule is 6 months.
 
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