Hi I have filed my I-485 under the EB3 Category, filing date is Sept 14 2007, and is with Texas service center, my priority date is March 25th 2005, and am a Hong Kong Born Indian Citizen. Now my question is that I am planning to quit my current job and start a new business in a different country, and plan to leave the US by the first week of Oct this year. Is it possible for me to wait out the approval process in the other country that I would be in, or I should be present in the US till the GC is approved. The current processing date on TSC is Aug 17th 2007. I am really confused as this is an oppurtunity that I might not get again, and it has practically fallen in my lap, but at the same time am nervous about abandoning my I485. secondf if my employer finds out my intentions can he withdraw the I485 petition. My I140 was approved in May 2007. All advises are welcome
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Leave country while I485 Pending
- Thread starter sadhwani1
- Start date
Hi I have filed my I-485 under the EB3 Category, filing date is Sept 14 2007, and is with Texas service center, my priority date is March 25th 2005, and am a Hong Kong Born Indian Citizen. Now my question is that I am planning to quit my current job and start a new business in a different country, and plan to leave the US by the first week of Oct this year. Is it possible for me to wait out the approval process in the other country that I would be in, or I should be present in the US till the GC is approved. The current processing date on TSC is Aug 17th 2007. I am really confused as this is an oppurtunity that I might not get again, and it has practically fallen in my lap, but at the same time am nervous about abandoning my I485. secondf if my employer finds out my intentions can he withdraw the I485 petition. My I140 was approved in May 2007. All advises are welcome
what is your PD?( LC filing date)
Employer cant revoke your I-485. it is your Petition. employer can revoke the I-140. I-485 need to have job offer. if you go out and USCIS send any RFE how you plan to handle?
If the employer revoke the I-140 then how will you provide job offer letter from new employer?
GC is not everything. Many without GC or who are not living in US are happy and working in other countries. Happiness is state of mind and GC (plastic card) is not guarantee for mental peace or happiness? If you feel that with your new job you will be happy then why care about GC or US citizenship?
Pending I - 485, and conversion to Consular Process.
My Situation:
As of today working for Same GC Sponsoring employer since 2001 to May 2009
PD is Dec 2004
I-140 Approved on Jul 2005
all Family members Filed I-485 on May 2005 and pending as of today.
Getting/renewing EAD and AP's As of today.
Questions:
#1:
Can we convert pending I - 485 to consular Processing to home Country.
#2:
do we need employer support/letter, when PD is Current. if we choose CP.
(Because Seven years i worked for sponsoring employer, he is acting weird,
not cooperating/trying to layoff)
#3:
How long we can stay with out payroll when I - 485 pending.
#4:
suppose we start a company on spouse name(EAD). is it possible to work for that company (Primary applicant). Is their any complications? Advice Please
your experience will help lot.
Thanks in Advance
My Situation:
As of today working for Same GC Sponsoring employer since 2001 to May 2009
PD is Dec 2004
I-140 Approved on Jul 2005
all Family members Filed I-485 on May 2005 and pending as of today.
Getting/renewing EAD and AP's As of today.
Questions:
#1:
Can we convert pending I - 485 to consular Processing to home Country.
#2:
do we need employer support/letter, when PD is Current. if we choose CP.
(Because Seven years i worked for sponsoring employer, he is acting weird,
not cooperating/trying to layoff)
#3:
How long we can stay with out payroll when I - 485 pending.
#4:
suppose we start a company on spouse name(EAD). is it possible to work for that company (Primary applicant). Is their any complications? Advice Please
your experience will help lot.
Thanks in Advance
Pending I - 485, and conversion to Consular Process.
My Situation:
As of today working for Same GC Sponsoring employer since 2001 to May 2009
PD is Dec 2004
I-140 Approved on Jul 2005
all Family members Filed I-485 on May 2005 and pending as of today.
Getting/renewing EAD and AP's As of today.
Questions:
#1:
Can we convert pending I - 485 to consular Processing to home Country.
---------------------------YES
#2:
do we need employer support/letter, when PD is Current. if we choose CP.
(Because Seven years i worked for sponsoring employer, he is acting weird,
not cooperating/trying to layoff)
-------------------------------you will need Employer job offer letter signed before notary if you go for CP. You will need the latest letter from employer at the time of consulate interview.
#3:
How long we can stay with out payroll when I - 485 pending.
---------------one can be without job for few months. find job ASAP as at the time of I-485 approval one needs job offer letter.
#4:
suppose we start a company on spouse name(EAD). is it possible to work for that company (Primary applicant). Is their any complications?
------------------- This route is not recommended.
Advice Please
your experience will help lot.
Thanks in Advance
why posting at many places? why you did not create new post??
Jackolantern
Registered Users (C)
Do you really expect to spend the next 1 or 2 or 3 years outside the US without your employer finding out or suspecting that you are working for somebody else?Hi I have filed my I-485 under the EB3 Category, filing date is Sept 14 2007, and is with Texas service center, my priority date is March 25th 2005, and am a Hong Kong Born Indian Citizen. Now my question is that I am planning to quit my current job and start a new business in a different country, and plan to leave the US by the first week of Oct this year. Is it possible for me to wait out the approval process in the other country that I would be in, or I should be present in the US till the GC is approved. The current processing date on TSC is Aug 17th 2007. I am really confused as this is an oppurtunity that I might not get again, and it has practically fallen in my lap, but at the same time am nervous about abandoning my I485. secondf if my employer finds out my intentions can he withdraw the I485 petition. My I140 was approved in May 2007. All advises are welcome
If you want to wait out the process outside the US you can switch to consular processing, but that requires the original employer to keep the I-140 alive; AC21 does not protect you when you pursue consular processing.
If you instead decide to hold on to your I-485, you will need to keep returning to the US once a year and stay for 1-3 months until the Advance Parole is approved. Unless you have an H1b valid for more than a year -- but in that event you have to rely on your employer to not revoke it. And whether you use H1B or Advance Parole, you still have to get another US job or job offer if your employer revokes the I-140.
Hi ginnu,what is your PD?( LC filing date)
Employer cant revoke your I-485. it is your Petition. employer can revoke the I-140. I-485 need to have job offer. if you go out and USCIS send any RFE how you plan to handle?
If the employer revoke the I-140 then how will you provide job offer letter from new employer?
GC is not everything. Many without GC or who are not living in US are happy and working in other countries. Happiness is state of mind and GC (plastic card) is not guarantee for mental peace or happiness? If you feel that with your new job you will be happy then why care about GC or US citizenship?
Thanks for your reply, my PD is march 2005, and I would be informing my employers of my intentions in about end Aug-begining sept, hence giving them a months notice, there is a good chhance that the I-485 May be approved by then, my only concern is what if it does not, second thing is that I have a Son who is US born, and my H1B is not stamped on my passport, I have been using My AP to travel, and am filing a renewal in the next week. So my need of the GC is for my son for one, second I am going to be self employed in this other country, the need of the GC arises due to the requirement for travel back and forth between the states and this country, also if God forbid this business does not work out, I will have a chance to return to the US if the GC is there. Also the wife is not very comfortable to give up everything after 7 years of very hard work and a lot of money spent on this procedure.
Your Thoughts are very appreciated
Last edited by a moderator:
TheRealCanadian
Volunteer Moderator
I am not going to be self employed in this other country, the need of the GC arises due to the requirement for travel back and forth between the states and this country, also if God forbid this business does not work out, I will have a chance to return to the US if the GC is there.
Ah, another individual under the mistaken impression that the GC is a border crossing card.
Who wants to explain the problems with this strategy?
Hey Real Canadian, you need to read the whole post, not just a part of it, there is more here than meets the eye, best if we do not judge people from your perspectiveAh, another individual under the mistaken impression that the GC is a border crossing card.
Who wants to explain the problems with this strategy?
No Jackolantern,Do you really expect to spend the next 1 or 2 or 3 years outside the US without your employer finding out or suspecting that you are working for somebody else?
If you want to wait out the process outside the US you can switch to consular processing, but that requires the original employer to keep the I-140 alive; AC21 does not protect you when you pursue consular processing.
If you instead decide to hold on to your I-485, you will need to keep returning to the US once a year and stay for 1-3 months until the Advance Parole is approved. Unless you have an H1b valid for more than a year -- but in that event you have to rely on your employer to not revoke it. And whether you use H1B or Advance Parole, you still have to get another US job or job offer if your employer revokes the I-140.
I would be informing them of my intentions by sept begining, do not want to bring the cat out of the bag yet, the project is still in the concieving stage. I do intend to reason out with the employers before leaving. Thanks for your response
TheRealCanadian
Volunteer Moderator
Hey Real Canadian, you need to read the whole post, not just a part of it, there is more here than meets the eye, best if we do not judge people from your perspective
It's not a matter of perspective, merely facts. If you do not reside in the US, your GC will be lost, sooner or later.