Transfer to home country while waiting for I-485 with approved I-140

B

baran2

New Member
Hi,

I have some question regarding possibility of going back to my
home country while waiting for GC but still working for same
company as in USA through its local office. My I-140 has been
approved using labor substitution and I filed for I-485 in July
2003. I have already got my EAD and Advance parole and
currently paroled into US till March,2005.

I can think of couple of option but not sure of all rules and
regulation. I guess this is not a typical query on this thread
but will appreciate any suggestions/feedback.

A. Based on CSC processing time it may still take around 2
years time to get my I-485 approved. I can comeback once
my I-485 is approved. Can my lawyer file for advance parole
renewal/extension or any other forms?? while I am not
physically present in USA.

B. Withdraw my current I-485 and use consular processing
time at a later date using the same I-140. Once approved
I can come back using my GC and work for my GC
sponsoring company.

C. Can I use my I-140 and file for GC with another company
in future. Is there any time limit?

I am looking for a stay upto 2 years in India due to personal
reasons but don't want to abandon my GC all together after
years of wait. I am willing to take some risks like possibility
of having a US job-offer from my company after 2 years.

Thanks

Baran
 
1. I485 is for adjustment of status - non-immigrant to immigrant. Now if you are working outside USA for 2 years, that indicates you don't even have a status in USA for that period of time. That nullifies the whole idea of AOS.

2. AP is for temporary departure from USA while I485 is pending. I don't think it's other way around - living outside USA and coming to USA temporarily.

In this kind of cases, if I wanted to retain my GC procssing - first thing I would do is looking for another job in USA. But job market is bad and if I consider that the current job is valuable for me, then consular processing is best option (and withdrawing I485). Keep the job position in USA and apply for consular processing. Once you get your GC come back to USA with your GC and apply for re-entry permission showing that your company is relocating you outside country. That re-entry pemit is valid for two years.
 
You can come back on H1 (assuming you are elegible) and continue your AOS. I think it is not pissible to renew/extend your EAD/AP from India.
 
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