Need help/advice from people here !!

[Rahul_need_help]

Hi Guys,

I need some help/advice from everyone out here as i am planning to take an imp decison here.....

My 485 was filed in dec 2001 and wac is 02-077 from CSC. I am presently working in a software co. in CA who has sponsored my GC. My job sucks right now and the situation has become complex for me which is forcing me to quit the job.. I have my EAD which i have never used..... havent used my EAD since i am still single and want the option of bringing spouse here....its been more than 360 days since my 485 has been filed...

In the present job situation i am I have to leave my job ......i dont have a great offer in the US right now if i change my job...I am seriously thinking of taking a break and going to india for 6-8 mths...My GC would continue and my co. has promised me that..
The reason i want to go to india is coz i want to take a break... do a job there for some time and may be get married and come next year when things pick up in the US. If I leave my employer right now and join another co. then i would have to work on EAD card and i dont want the option of bringing my wife closed here since the moment i work on EAD h1 is void..

My question to u all is :

1. Can I leave US for 6-8 mths when my GC is in process. My first FP was done in Aug 2002..I dont know if i will get a second notice for FP.
2. If I leave the US in my final stages of the GC is there any effect on GC..Is it allowed by INS
3. Anything else i can do....or which i am missing here..

Pls advise me if anyone has done what i am planning ie taking a break for 6-8 mths while final stages of GC or if someone can advice me on this.....

Thanks for your help guys....

Cheers

Rahul
wac-02-077

 

[neeru]

1. You should have an AP
2. 6-8 months is a long time. You have a reasonable chance of getting an RFE/Re-FP or even an approval (dont count on it).
3. H1 takes 8 months nowadays and might take longer (or not) in the future. You wont be able to just switch like that on H visa.
4. Be conservative, deal with your employer and be finished with this phase. If you miss out on this, you deal with all this shit again anyway.
5. good luck finding your spouse (unfortunately you have a time budget here)

 

[pceefan]

My 2 cents

1. Sure go to India or whereever you want to, but ensure that you have an address in the US for INS to send you any RFE's approvals etc..

2. Keep a close tab on your RFE, you will land into trouble only if you get an RFE and am damn sure that it will contain evidence of last 3 months paystubs, then you are dead meat if you don't have a job

3. You are WAC 02 076 series, so your case should get adjudicated by Nov-Dec this year, that's my reading so go now and come back in Nov,

4. Ask yourself this, what will u tell INS when they ask you for a EVL/Paystub, say u go now, and don''t have a payroll here, then u are in some amount of trouble

5. But still if you want to exetend your luck try this, if you have a friend who is running a compnay, or if you can get your own company to give u 3 paystubs when and if the RFE comes then you are safe buddy, that's the bottom line, EVL/Paystubs, if u get this then you are home and dry

6. Be aware of the risks, change of address, your employer saying FO when u want them most, you losing your AP when u are outside the country , your EAD and AP expiry dates , cuurent address whether u are sure you will get a mail, etc etc.

7. Even better take a long leave from your current employer, than in that case you are better covered ,

8. Dude at the end of the day follow your dreams , have the guts take some bloody risks, do it if your heart says so and if your intellect sees reasonable success

 

[aswamina]

I am also in the same boat as you and here are my 2c..

1) You can goto India. But make sure u have a forwarding address in the same jurisdiction as where you are now... Say you are in Santa Clara or San Jose.. Make sure the address that u give of ur friend / family relative is also in Santa Clara / San Jose...

2) Do the AR-11 form and call up BCIS - National customer service center.

3) If its been 15 months since ur first FP.. there is definite possibility that you will be re-fp'd again. Hence be prepared to make a trip just for that..

4) Make sure your H1 is extended...

5) You can ask your attorneys to file for ur AP and do the paper work now.. Ask your attorneys to file your AP-renewal say 1.5 months before your current AP expires.. Ofcourse AP cannot be mailed to your address in India. You have to come back with your current AP before it expires or get a fresh H1 stamp and come back to collect your renewed AP..

6) You dont have to renew the EAD if you dont plan to work in US...

7) GC is for future employment. Even if BCIS RFE's you for Paystubs / W2's you and your company can always say that you are on a temporary assignment overseas. Just make sure your company is willing to provide u with a job here when the 485 is approved..

8) You have to come back to US to complete the ADIT processing. Hence be prepared for that too...