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leave for a job in another country while 485 pending
- Thread starter xihongshi
- Start date
)You can continue the I-485 Green Card application process
Xihongshi:
You can continue the I-485 Green Card application process while outside the U.S. But your sponsoring U.S. employer should intend to hire you upon your reentering the U.S., or you have to find a similar employment, if eligible under the AC-21 portability, in order for the USCIS to approve your I-485. Please also see www.greencardapply.com/question/question05/question05_0511.htm
VectorP
www.greencardapply.com
www.greencardfamily.com
Xihongshi:
You can continue the I-485 Green Card application process while outside the U.S. But your sponsoring U.S. employer should intend to hire you upon your reentering the U.S., or you have to find a similar employment, if eligible under the AC-21 portability, in order for the USCIS to approve your I-485. Please also see www.greencardapply.com/question/question05/question05_0511.htm
VectorP
www.greencardapply.com
www.greencardfamily.com
Xihongshi:
You can continue the I-485 Green Card application process while outside the U.S. But your sponsoring U.S. employer should intend to hire you upon your reentering the U.S., or you have to find a similar employment, if eligible under the AC-21 portability, in order for the USCIS to approve your I-485. Please also see www.greencardapply.com/question/question05/question05_0511.htm
VectorP
www.greencardapply.com
www.greencardfamily.com
Thanks a lot for your reply, VectorP!
My I140 is EB2-NIW, which was a self-petition, ie, not sponsored by any employer. What do you think now?
X.
You may be outside the U.S. while your I-485 Adjustment of Status application is being processed, however, you must receive advance permission called Advance Parole to return to the U.S. If you are traveling outside the U.S. and if you do not apply for Advance Parole before you leave the country, you will abandon your I-485 application, and you may not be permitted to return to the U.S.
The Advanced Parole allows you to travel abroad during the pending period of I-485 adjustment of status application without abandoning such application. The EAD allows you to work for any employer in the United States during the I-485 pending period of your adjustment of status application. The AC-21 portability rule allows the alien whose I-485 is employer-sponsored to change employers 180 days after the filing of adjustment of status, as long as the petition is still pending, and the new job is in the same or similar occupational classification as the initial job for which the petition was filed.
The Consular Processing an alternative to I-485 application. You need to make an appointment at the U.S. consulate in your home country, where a consular officer adjudicates the case. If the case is approved, you gain PR status immediately. However, the Consular processing is also thought to be riskier since there is no or very little recourse for appeal if the officer denies the application.
VectorP
www.greencardapply.com
www.greencardfamily.com
The Advanced Parole allows you to travel abroad during the pending period of I-485 adjustment of status application without abandoning such application. The EAD allows you to work for any employer in the United States during the I-485 pending period of your adjustment of status application. The AC-21 portability rule allows the alien whose I-485 is employer-sponsored to change employers 180 days after the filing of adjustment of status, as long as the petition is still pending, and the new job is in the same or similar occupational classification as the initial job for which the petition was filed.
The Consular Processing an alternative to I-485 application. You need to make an appointment at the U.S. consulate in your home country, where a consular officer adjudicates the case. If the case is approved, you gain PR status immediately. However, the Consular processing is also thought to be riskier since there is no or very little recourse for appeal if the officer denies the application.
VectorP
www.greencardapply.com
www.greencardfamily.com
You may be outside the U.S. while your I-485 Adjustment of Status application is being processed, however, you must receive advance permission called Advance Parole to return to the U.S. If you are traveling outside the U.S. and if you do not apply for Advance Parole before you leave the country, you will abandon your I-485 application, and you may not be permitted to return to the U.S.
The Advanced Parole allows you to travel abroad during the pending period of I-485 adjustment of status application without abandoning such application. The EAD allows you to work for any employer in the United States during the I-485 pending period of your adjustment of status application. The AC-21 portability rule allows the alien whose I-485 is employer-sponsored to change employers 180 days after the filing of adjustment of status, as long as the petition is still pending, and the new job is in the same or similar occupational classification as the initial job for which the petition was filed.
The Consular Processing an alternative to I-485 application. You need to make an appointment at the U.S. consulate in your home country, where a consular officer adjudicates the case. If the case is approved, you gain PR status immediately. However, the Consular processing is also thought to be riskier since there is no or very little recourse for appeal if the officer denies the application.
VectorP
www.greencardapply.com
www.greencardfamily.com
Was that an answer to the question??? or just to promote (or demote) some website?
You may be outside the U.S. while your I-485 Adjustment of Status application is being processed, however, you must receive advance permission called Advance Parole to return to the U.S. If you are traveling outside the U.S. and if you do not apply for Advance Parole before you leave the country, you will abandon your I-485 application, and you may not be permitted to return to the U.S.
The Advanced Parole allows you to travel abroad during the pending period of I-485 adjustment of status application without abandoning such application. The EAD allows you to work for any employer in the United States during the I-485 pending period of your adjustment of status application. The AC-21 portability rule allows the alien whose I-485 is employer-sponsored to change employers 180 days after the filing of adjustment of status, as long as the petition is still pending, and the new job is in the same or similar occupational classification as the initial job for which the petition was filed.
The Consular Processing an alternative to I-485 application. You need to make an appointment at the U.S. consulate in your home country, where a consular officer adjudicates the case. If the case is approved, you gain PR status immediately. However, the Consular processing is also thought to be riskier since there is no or very little recourse for appeal if the officer denies the application.
VectorP
www.greencardapply.com
www.greencardfamily.com
Thanks, VectorP! That was helpful! Another question is "is there any limit of time that I can leave the US (ie, stay outside the US) while 485 pending?"
Last edited by a moderator:
the time period in the Form I-131
For Advanced Parole, you need to file Form I-131 - Application for Travel Document, to allow you to return to the United States after temporary foreign travel.
But for people without Green Card yet, here the travel is defined as short time travel. So in the Form I-131, you need to enter the estimated start date of your foreign travel, and also enter the time period of how long it will take you for the foreign travel. If USCIS approves your I-131 application, the time period in the Form I-131 is your limit of time that you can leave the US while Form I-485 pending.
VectorP
www.greencardapply.com
www.greencardfamily.com
For Advanced Parole, you need to file Form I-131 - Application for Travel Document, to allow you to return to the United States after temporary foreign travel.
But for people without Green Card yet, here the travel is defined as short time travel. So in the Form I-131, you need to enter the estimated start date of your foreign travel, and also enter the time period of how long it will take you for the foreign travel. If USCIS approves your I-131 application, the time period in the Form I-131 is your limit of time that you can leave the US while Form I-485 pending.
VectorP
www.greencardapply.com
www.greencardfamily.com