I485 Pending - Temporary Vacation - Closing Apartment Question....

L

LoveIndiaLikeUS

Registered Users (C)
Folks,

My 485 along with my wife's 485 is Pending with VSC and am planning to go to India in December 2003. My company has given me a vacation for 3 months (paid vacation) and will be returning in April 2004. Currently, I am living in Washington D.C. and I am planning to vacate my apartment as of November 2003 and want to move my household stuff to Public Storage or any Storage so that I can save 4 months Rent (of nearly $5000). After coming back from India in April, I want to setup a new apartment and want to inform BCIS about the Address Change. Is this legal?

The only issue I might face is regarding with my Approval Notice of I485 if it is Approved. I am confident that it will not be 'Approved' before April, 2004 since I filed I140/I1485 Concurrently on January 31st, 2003 and my I140 is already Approved on August 21st, 2003. Can you please tell me whether BCIS will send RFE's/Approval Notice to Lawyer or to Me? My Lawyer is very cooperative and she will certainly inform me in India if I get any RFE's.

Please Advice. I want to do everything legal and I dont want to do against the law.

Thanks,
LILUS
 
ofcourse it is legal for you to change appartments. It is also legal for you to have your stuff in a storage and not have your own or any rented place to stay for any amount of time. Just fill in the Address change form. The question is where will be all your mails delivered from the time you leave US and the time you come back and get a new appartment? I would suggest that you inform BCIS of the temp address that you will have for the 3-4 months, and when you come back and get a new appartment, then re-inform them again of the new address. However, doing multiple address changes will just confuse BCIS!

Regarding RFE's, did you filled lawyer represntation form(I don't know the name/number of the form) but it is blue in color, and it essentially says that your lawyer will represent you, and that BCIS will contact your lawyer for any questions or information about you. If you did file that form, then your lawyer will get any RFE or notification, and then she can always inform you.
 
I believe FP notices are sent to the applicant directly and not to the lawyer (even if you have one). So you may want somebody to actually monitor your mail, where ever you are forwarding it to, during your vacation. Not appearing for FP appointment (or within the date they specify in the notice) can be construed as abandonment of the I-485.

K.S.
 
Hi Loveindialikeus,

You can always have your mails collected in a box in USPS(which you'll have to rent).
 
Thanks Folks...

Folks,

Thanks for your valuable suggestion! I have already done my fingerprinting along with my wife on March 14th, 2003 and have mine and my wife's AP/EAD. I have also signed the G28 form for 485 and so my lawyer will get any RFE's sent.

Regarding the PO Boxes, Can you please give me some more detail. For example if I vacate in the month of November, Can I rent a PO Box from post office and inform them about the PO Box address change so that other mails will be directed to the PO Box?

As of now, I am going to vacate my apartment in December and will be back in March, 2004 and am not going to inform BCIS since that will confuse them. Once in March, 2004 I am going to inform BCIS about my new address since I am planning to relocate to different city. I hope this is legal. Please advice.

Regards,
LILUS
 
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