Temporary overseas assignment after I-485 application

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sg94ahpw

Registered Users (C)
Guys:

Guys, your thought will be greatly appreciated on the following issue. My I-140 has been approved. My company wants to send me on a temporary assignment overseas after my I-485 is filed. Is it possible to do this? Will this jeopardize my GC? I mean after I file I-485 and recieve the receipt notice and then work in Germany for one year and come back while my I -485 is pending. Offcourse, I will take care of Finger printing etc, by visiting US. Anybody with similar experience, please provide your input.

Thank you,
Sanjay Gupta
 
No Title

I hope that you will be maintaining your valid H1 status during this time. In that case it will not affect your GC processing at all. Just make sure that somebody is there to receive your FP notices (and approvals!!).
THeoritically if you are going to use AP, then the processing might be paused until you get back in, but practically it is not tied to it.
 
No worry at all?

What if the case is approved while the person is outside of the US? Probably the person cannot enter the US on the H-1 because his/her H-1 is no longer valid. Also as s/he does not have a PR stamp on his/her passport, so I\'d imagine that s/he will have a hard time entering the US.

My two cents.
 
No Title

Guys:

I am confused from two responses above. I will be maintaining my H-1B throughout. And since H-1B does not require Advanced parole, I am not applying for advanced parole as using AP makes things complicated. Given all that, do you guys think it will be a problem if I come back after one year when my I-485 is still pending OR I come back after my I-485 is approved.

Please respond.

SKG
 
confused

Guys:

I am confused from two responses above. I will be maintaining my H-1B throughout. And since H-1B does not require Advanced parole, I am not applying for advanced parole as using AP makes things complicated. Given all that, do you guys think it will be a problem if I come back after one year when my I-485 is still pending OR I come back after my I-485 is approved.

Please respond.

SKG
 
travel and 485

What if the case is approved while the person is outside of the US?

- If 485 is apporved while you are outside of US, you have become a PR! At the port of entry you may show the AP (thinking that you do not know of the approval). The officer can take a look and find that you have been apporved, then you are allowed to enter the US. THE PR STAMP IN THE PP IS A MERE PROOF THAT YOU\'R A PR. Without the stamp in the PP your PR status does not become invalid.
 
No Title

This is also my two cents.

I was referring to what would happen to a person on H-1 with I-485 pending. So s/he would not have applied for an AP, that means that there is no VISA at the port of entry. That is why I think there would be a problem entering the US. Even if the person could provide the I-485 approval notice at the port of entry, I am skeptical because I-485 approval notice clearly describes that "THIS FORM IS NOT A VISA NOR MAY IT BE USED IN PLACE OF A VISA."
 
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I know travelling for pleasure or for a short duration is not a problem if you maintain a valid H status. But I will be gone for a year or more. That is what I am worried about. I will still be in US payroll with the same company. So, technically I am employed by the same Co. in US but I will be working overseas for about a year. Any thoughts? I heard INS checks during the pending I-485. Does any one what do they check and when?

BTW, I will have no AP. I will be amintaining valid H-1B visa. So if I had to reenter, I will show my H-1B visa. Is that a problem?

SKG
 
No Title

I think you should consult a good immigration lawyer regarding this issue. So far as I remember, AOS petitioner is supposed to stay in the U.S. (except short trips) while the petition is pending. I don\'t know the definition of "stay", but I think one should maintain the residence. Worst case could be that the approved I-485 petition would be revoked at the port of entry if the IIO considers it as a fraud.
 
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