Moving back

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BrainDrain

Registered Users (C)
I am planning to move back to India. As for my GC application ( EB3 PD Jan 2003 ) only the I 485 is pending. I need to know if I have any options to keep the process going and return to US on a GC in future when the dates become current ?

Any suggestions on what may help me the most in conveying this to my lawyer and the management ?

At present I am working on my resume and in the process of looking for an employment back home. Though I wish the best for all of us I am seriously considering the move in the near future.
 
if u dont mind can you give details why you considered moving compared to working on temporary visa?

i am not 100% sure but i think you may be able to change the 485 for consuler processing....in that case you can get your visa in india..
 
I need a change , the usual thing, work hard , no promotion , no recognition. With the current retrogression I cannot have this last this long. I have been through it for four years. I also plan to get married and do not wish to welcome my wife in this situation.


techy2468 said:
if u dont mind can you give details why you considered moving compared to working on temporary visa?

i am not 100% sure but i think you may be able to change the 485 for consuler processing....in that case you can get your visa in india..
Click to expand...
 
I agree

We were waiting for GC and then change employer and have career growth and may be a diff job and all that but with retrogression we are stuck with same employer for another I don't know how many year. I don;t know how many years of no pay hike and all that stuff, being on L1, we can not change jobs too....
 
but that is not true....if you can find a good company(beleive me there are plenty....i think almost 70% of us are happily employed...except that we do not have to freedom to change and hence we are feeling trapped with the same employer).

and if you can find a good company(provided if your skill set is hot right now) everything else will be good.
 
Wow this site is amazing. The number of views that my thread got since this afternoon is nearing a thousand , a great way to network with the community!

I am basically looking to keep my hopes alive of getting the GC processed inspite of me moving back. Any suggestions are welcome.
 
I was very good in learning new languages backhome. Have Two Master Degrees from my home country. But stuck here in State agency thru my main employer and from lasr 4 years working in VB/ASP. Did not learn a single new thing. Can not switch company due to retro. So depressed that sometimes it effect my personal/family life.

But waht can you do..nothing...!
 
BrainDrain,

I think that the idea of going back is good considering that you need to get married etc... Remember, you can always take a 1 year break and then come back to USA. That would give you a new 6 year H1 period. You can swith to new companies with the new 6 year term if you like. Lot more options for you. You can perhaps comeback to the same company so that you can continue on your labor and approved I140.

Hopefully you will have a productive 1 year time with your family and complete other commitments. Remember, India has its own set of problems. Indian managers are not the best to work with and my experiences with them have been nothing less than a nightmare. Take a temporary 1 year break and then come back!
 
If you leave the US for a long time, upon your re-entry attempt your I-485 will be considered to have been abandoned.

To re-enter the US and continue the GC process after your PD is current you'd either have to do consular processing in your home country for the GC, or get an H-1/L-1/something to reenter, followed by re-filing the I-485.
 
i agree with kobra33611........4 years back .....you were supposed to thank god for the software job....suck it up....even if you had to work 10 hours a day....and sometimes 7 days a week.......because the managers were very aggressive in their deadline game....
 
same with me malik_labor.........trying very hard to get certification in .net, its taking much longer to read than it used to take before....i think...lack of motivation.

but so far thankfully i am handling this very well....(i confess that i have a backup since my wife is EB1, not yet filed....but that is the only hope for me).

i will go back after 5-6 years if things are still bleak......my topmost priority right now is savings.....and i am planning to join an american consulting company(hopefully on a bill sharing basis) who sponsor H1 and GC.....it will be a glut....but atleast in the long run i wont have to be stuck witht he same client(they have tons of client in this area).....and since they have direct client(unlike most of the desi companies)...it will be profitable for both..

summarising.....GC is important...but its not a top most priority right now....savings is the topmost priority....and so is job satisfaction....because otherwise....everyday of life becomes hell...
 
Yes, I am assuming that I will be on H1 for my current employer and it expires in 2008. I am under the impression that I will be allowed to do the consular processing.



Jackolantern said:
If you leave the US for a long time, upon your re-entry attempt your I-485 will be considered to have been abandoned.

To re-enter the US and continue the GC process after your PD is current you'd either have to do consular processing in your home country for the GC, or get an H-1/L-1/something to reenter, followed by re-filing the I-485.
Click to expand...
 
How long one can stay outside the US with AP, EAD and pending 485

Jackolantern, Do you have any idea how much longer is considered as "a long time"?

I am wondering if there is a siad rule of how long one can stay out of the US before he can reenter and keep 485 going without any problem. I would appreciate if anyone can shed some light on this.

Jackolantern said:
If you leave the US for a long time, upon your re-entry attempt your I-485 will be considered to have been abandoned.

To re-enter the US and continue the GC process after your PD is current you'd either have to do consular processing in your home country for the GC, or get an H-1/L-1/something to reenter, followed by re-filing the I-485.
Click to expand...
 
Himmat se kaam lo....

Aap young log.. ek employer ke saath zyada saal kaam karne se kyun darte ho ?

Kya hamaare buzurg log salo tak ek employer ke paas kam nahi karte the ?

bhai log, relax. Thoda sabr karna sikho. :D
 
Akbari said:
Aap young log.. ek employer ke saath zyada saal kaam karne se kyun darte ho ?

Kya hamaare buzurg log salo tak ek employer ke paas kam nahi karte the ?

bhai log, relax. Thoda sabr karna sikho. :D
Click to expand...

This is what happens Akbari bhai after working for a single employer for many years. "aap ki tarah log shayrees karne lagte hai" after sticking to a single employer for too long ;) life me aur kuch charam nahi rahata hai isi liye shayr ban jate hai ;)
 
I'm also in the same line of thought

As long as we maintain a good relation with our employer (particularly this is important with a desi employer), and take a 3 year H1 visa extension, get it stamped in the passport in india.By doing so you will have one option: to come back again when ever you want or when ever things improve so that you can file for I-485.
I'm also in the same boat like you,
EB3- PD Nov 2003
I-140 Approved June'05
I-485 --- when to file, a billion dollar question

Or
other option is to inform INS that we prefer a consular processing. in that case, we have to file an amendment to the already approved I-140. This will take 4 - 6 months (some I-826 something, i forgot) by doing so, we can keep the I-140 approval valid and stay in india. When ever the INS informs Consulate in india for an interview date (which may be some "years" from now), then we can attend interview for 485 part.

In any case, we need undivided support from the employer

Hope this will answer your question




BrainDrain said:
I am planning to move back to India. As for my GC application ( EB3 PD Jan 2003 ) only the I 485 is pending. I need to know if I have any options to keep the process going and return to US on a GC in future when the dates become current ?

Any suggestions on what may help me the most in conveying this to my lawyer and the management ?

At present I am working on my resume and in the process of looking for an employment back home. Though I wish the best for all of us I am seriously considering the move in the near future.
Click to expand...
 
pipedream said:
Jackolantern, Do you have any idea how much longer is considered as "a long time"?

I am wondering if there is a siad rule of how long one can stay out of the US before he can reenter and keep 485 going without any problem. I would appreciate if anyone can shed some light on this.
Click to expand...
Staying outside the US long enough for Advance Parole to expire will invalidate your 485. Aside from that, staying outside the US for more than 6 months in a year may raise enough suspicion that leads them to declare your 485 as abandoned. Even after you get the green card, an absence of over 6 months can be construed (at the discretion of the immigration officer) as having abandoned the green card.

I-485 is for people who want to remain in the US while their case is pending. If you're going to spend a year or more outside the US, don't bother with the I-485, but instead keep the I-140 valid and go for consular processing when your priority date makes it possible.
 
Satyasaich, thanks much for your answer. Yes I am heading in the same direction.I am awaiting an answer from my lawyer this week.Best of luck to you too.



satyasaich said:
As long as we maintain a good relation with our employer (particularly this is important with a desi employer), and take a 3 year H1 visa extension, get it stamped in the passport in india.By doing so you will have one option: to come back again when ever you want or when ever things improve so that you can file for I-485.
I'm also in the same boat like you,
EB3- PD Nov 2003
I-140 Approved June'05
I-485 --- when to file, a billion dollar question

Or
other option is to inform INS that we prefer a consular processing. in that case, we have to file an amendment to the already approved I-140. This will take 4 - 6 months (some I-826 something, i forgot) by doing so, we can keep the I-140 approval valid and stay in india. When ever the INS informs Consulate in india for an interview date (which may be some "years" from now), then we can attend interview for 485 part.

In any case, we need undivided support from the employer

Hope this will answer your question
Click to expand...
 
Hey I just wanted to thank all. It seems my employer is kind of flexible and may allow me the consular process for the four years I have worked well for them.

I am also looking for an educated gujarati girl as for an alliance so if anyone on F-1 , H-1 I can be reached :) .

Goodluck
 
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