I-485 Filed & Need to move to India for 1-2 years

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amigo_bird

Registered Users (C)
One has I-485 is filed with employer-1. Once it has been filed for 6 months, can she file AC21 for transferring case to employer-2 who has operations in India and US (say TCS), change the processing to consular processing (I-140 had option selected), relocate to India and start working for that employer in India? I know it’s not as good an idea as staying in I-485 but is it a fair idea if one has to relocate to India for a couple of years?

What other options are available to ensure GC processing doesn’t scrap? If employer-2 doesn't agree to take over your GC processing, can you file AC21 for a future employer-3 (in US) and work for employer-2 in India?
 
What other options are available to ensure GC processing doesn’t scrap? can you file AC21 for a future employer (in US) and work for another employer in India? Once I-485 is approved/about to be approved, come back on B1/B2, get GC and start working for that future employer?
 
amigo_bird said:
What other options are available to ensure GC processing doesn’t scrap?
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There's an old saying - you can't eat your cake and have it too. You need to figure out where you want to live and work in the future, rather than trying to get everything. You may end up with nothing.

can you file AC21 for a future employer (in US) and work for another employer in India?
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You can try, but USCIS may question how legitimate your job offer really is. Additionally, once you are outside the US without an AP, your I-485 may be deemed abandoned.

Once I-485 is approved/about to be approved, come back on B1/B2
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Ha ha. Once your I-485 is filed you will never be admitted with a B visa unless the POE officers have been drinking heavily or are asleep.

get GC and start working for that future employer?
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I wonder what legitimate employer would give you an open-ended offer while you are working half a world away.

Pick a country. Stick to it. There are plenty of folks who are not as conflicted as you who would love to live and stay in America.
 
Thanks for your reply "therealcanadian". I understand what you are saying. I have picked the country (US) but situation is such that I have to go out for long term. I have two options:
(1) To scrap the process
(2) Try to keep the process going with whatever risk is involved

First option is quite simple and I don't have to do anything. I am just trying to see if 2nd option is possible and how. If B1/B2 are not possible, I can go for H1. If I have to have AP, I would do that.
 
Its quite amazing, the situations that people fall into and the choices one has to make and a few that one can't really make.

RealCanadian: Those were some accurate and compassionate responses, really. Sometimes its tough to gather oneself and maintain the decorum when we see out of the whack situations, you surely are one of the few who maintain the composure in providing insights.

amigo_bird: Which ever is this offshoring company thats got its liasons in US and India, I am sure its not worth it to jeopardize your persuits and goals. If it really hits the fan, in my opinion (and strictly mine), hold on until you can exercise AC21 and find a better employer and position. After all these years of wait and turmoil....it surely helps to think twice and see what you will gain or lose by playing this cross continent game.

my 2cents..
 
H1B1 approved but I-94 denied

I know this is not the right thread to post but i am looking for some advice from RealCanadian..I hired a lawyer and paid so many fees but still the Motion-2-reopen is still pending and i need to leave the courty to avoid more than one year out of staus bar.


RealCanadian....Can you please help..I need your advice or any experiences or thoughts on this please.....Please see the posting under the link below..

http://boards.immigration.com/showthread.php?t=271774


H1B1 approved but I-94 denied
TheRealCanadian or other gurus..please advice.

I was working for company A and H1B1 expired on Feb 15 2007
I applied for H1B1 transfer for Company B on Dec 2006,But Company B did not submit the required information for the query so USCIS denied the companyB H1B1 petition in Feb 18.

I applied for H1B1 transfer with company C on Feb 18 2007, 3 days after company A H1B1 expired and on the same day H1B1 is denied with companyB.

Now Company C -H1B1 is approved but they said, since i am staying in the USA illegal for more than 6 months my I-94 has been denied and i need to go to US Consulate- INDIA to get H1B1 stamping. But if i leave USA and go to US Consulate in INDIA they might deny my H1B1 stamping has I am staying in the USA for more than 6 months. I had applied for "MOTION-2-REOPEN" 3 months back but no response its is still pending...If i stay for one more month I will come under more than 1year illegal status and my entry will be bar for 10years..

Can I go to US Consultate-Chennai and ask for H1B1 visa>?...Mostly they might deny it?...Is this true or will they approve?


Please advice what is the best way to do.....This is very important to my career and i really appreciate any help from any of you.
 
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