Typical Situation...

[kriskish]

Hi Gurus,
I am really in a big trouble. We may apply 140 & 485 in couple of weeks. My company wants me to send me to India. Basically terminating my position in US and re-hiring in India.

We spoke to the attorney yesterday and he told us that he will also apply Advance Parole (AP) and EAD. Once AP gets approved then he want us to go to India.

Gurus,
What are the chances of me to comeback again? My company will NOT bring me back for sure. At the same time they are not going to revoke or drop my green card application. They want to continue the process for my sake and also will not support any documentation required which is legally bonded.

AP is taking around three months. Company told me that my last day will be January 31st. Now they are talking about leave of absence until I get the AP.
Do you guys think that I will comeback at all? If so at what stage do you guys think it will be safer for me to comeback?

What are chances of getting queries during 140 and 485 stages?

If you can shed some light that will be greatly appreciated.

Thanks
KK

 

[kriskish]

GC is for a future employment, if you have no promise of future employment with this employer on what basis are you proceeding?. There are possibilties if your employer is willing to cooperate, you should file for consular processing and not AOS. If I were you I will take up a new job, start a new green card and not leave the US. Green Cards will get faster starting next year.

Hi Ray,
Thank you very much for your suggestions. Basically what I am looking at is Once I am through with the GC until a stage then I will come to US and look for another job.

Say My 140 gets a query and I am still with the company in India and query is small and not legally binded to employer then employer replies to it and say 140 is approved. Do you think this will trouble me to comeback.

Also if if it crosses 180 days can't I change the employer?

Could you please suggest me on this please?
Thanks alot
KK

 

[lc2003]

Ray,

What made you to think US GC processes gets better in next year ?

As you may aware of the recent EB3 retrogession and subsequent EB2 retrogression in next 6 months, I feel like it's going to take another 2-3 years even with I140/485 concurrent filing. Some people talk about there were 90,000 unused visa numbers but requires congress approval to use it, but it's really hard to expect some thing like this to happen in the near future.

 

[kriskish]

There are too many ifs in your thought process, you won't be able to pull this one off, try these ifs---you could get an RFE in both the 140 and the 485 stage, you cannot travel for more than 60 days on AP outside the US, you can be interrogated at port of entry regarding your AP/employment etc. etc. all in all as I said employer has to be willing to support you in this adventure else you're better of finding new employment. It's possible to return on an H1-B visa but you still need to survive the RFEs as and when they pop.

Hi Ray,
Thanks for your valuable suggestions. I know this a great adventure the only reason I am willing to go back is I am in 7th year extension. If I really want to come I can come again on new H1 for six years after one year. But at the same time i dont want to loose process too. I will definately ask attorney these questions and also abotu CP process. I am sure compnay wont give the documents which are needed for interivew if they are legally binded to them.

Looking for another job is again a uphill task and starting new GC .. .hahaha another 6 years ... thats tough for me man..

Anyways thanks for your thoughts..
KK

 

[lc2003]

Ray,

Thank you. This make a lot of sense now, and hopefully we all hear some new immigration policy before Jan 2005 which will make this country more secure and provide more value to legal immigrants.