Strange Problem - Want to go to India

S

sonu99

Registered Users (C)
Hello Guys,
I had applied for my I-485 in October, 2001 and got my EAD, AP and FP done at Newark. I went to India in April, got married, came back with my wife and added her name to my application. Now she also has got her EAD and will get her finger printing done next week. We are awaiting her AP. Meanwhile, I lost my job in April and have been on the bench since that time and see no signs of the market recovering soon...Since my apt lease was also getting over in July, I thought of going to India for 3-4 months with my wife and coming back using my AP once my GC is approved...Is this a possible solution ? There is no problem regarding anything from my employer. Will I have any problems if I get an RFE ?? I am asking this question because I heard somebody had done the same thing earlier...

Gurus, please advise.......Any help is appreciated....

Sonu
 
Don\'t do it

If you have no job when your I-485 is ajudicated, you have no Green Card. If you get an RFE for employment letter, how will you respond? If you get an approval without RFE, what will you do when at the naturalisation interview or 10-year GC renewal they ask you about how long you worked for your sponsor?

Get a new job in the US, or abandon the Green Card altogether.
 
No, that is not the problem Canadian..

Hello Canadian,
Thank you for your advise Canadian but I think you got it wrong. My employer has some offshore work and he is currently paying me but wont be doing that for long. I would still be officially an employee of my current company but working in India. So, the salary stubs keep coming out every month. My only question is if an RFE is generated, can my attorney respond without me or would he need any of my signatures ?? So, the point is that I will be an employee of my current GC sponsoring company till I get my GC and probably beyond....Konowing this, is it still fine with me leaving for India for a couple of months ???

Thanks for your help in advance.

Sonu
 
One more Q

Thanks Jan485...One more question for you - what happend if I get an approval while I am in India ? Can I return to the US using my AP ? Will there be any kind of problem entering the US after my I-485 approval ????

--Sonu
 
No problem

I see no problem at all even if you\'re in India. The only questions arises when you get RFE, your lawyer should co-rodinate with INS and send them asap. Also when you move, one need to notify INS regarding address change, so I will suggest you to submit AR-11 with c/o address of your friend and he can keep track of all INS mails. Just keep close co-ordination with ur lawyer and friend.
 
just an idea

How long has it been since you applied for AOS. If you still have some time left, you may consider talking to your lawyer about converting this AOS to Consular Processing in India. If this can be done, you will not have any re-entry issues.

Just a thought.
 
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