I-485 Is pending but going back to india due to new job offer

L

langdatyagi

New Member
I need expert advice -

My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer

1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?

3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
 
1. As long as your I-485 is pending. But you should realize that the I-485 may cease to be pending once USCIS finds out that you don't have another "same or similar" job or job offer. However, if the employer doesn't ask USCIS to revoke your I-140, and you don't leave the US, they probably won't inquire about your employment status. If they do inquire about your job status, you have to get another "same or similar" job before the deadline for the RFE (except if you travel, where you should already have a job offer when you're reentering).

2. Yes, you can do any other kind of job you want with the EAD, provided they will hire you (for some jobs they won't hire you if you're not a citizen). Of course, those random unrelated jobs won't preserve your AC21 eligibility.

3. If the US job offer is no longer available from the original sponsor or another US employer, you can't legitimately complete the GC processing.

4. A US job offer, either the original one or another "same or similar" one (AC21), must be available to you.
 
Another important point ... if you want to use the H1B stamp to reenter the US, you need to be going back to the same employer who sponsored the H1B. If you're going to a different employer you need to use an unexpired AP which was approved before you left the US.
 
You must log in or register to reply here.
Top