Waiting for Aos in my home country

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kyaimajaa

Registered Users (C)
Hi,

My info:
I-140 is approved
I-485 has been pending for 1 1/2 years
H-1b valid until Oct09
EAD issued but never used.

My question:
I'm thinking of applying for an AP to wait out the GC in my home country (Indonesia). I have a father who's ill whom I want to stay by his side. My current employer will keep my employment open and issue out an employment letter or job offer if I'll ever be called in for a RFE or final interview. Do you forsee any issue or problems in doing so?

Thanks,
Denny
 
kyaimajaa said:
Hi,

My info:
I-140 is approved
I-485 has been pending for 1 1/2 years
H-1b valid until Oct09
EAD issued but never used.

My question:
I'm thinking of applying for an AP to wait out the GC in my home country (Indonesia). I have a father who's ill whom I want to stay by his side. My current employer will keep my employment open and issue out an employment letter or job offer if I'll ever be called in for a RFE or final interview. Do you forsee any issue or problems in doing so?

Thanks,
Denny
Click to expand...

No problem if your employer keep paying your salary and you have pay stubs, filling taxes ....etc
 
Well, it will be a leave of absence with no pay.

What sort of documents will they require when asked for RFE and interview?
 
kyaimajaa said:
My question:
I'm thinking of applying for an AP to wait out the GC in my home country (Indonesia). I have a father who's ill whom I want to stay by his side. My current employer will keep my employment open and issue out an employment letter or job offer if I'll ever be called in for a RFE or final interview. Do you forsee any issue or problems in doing so?
Click to expand...
As long as you have somebody to check your mail in the US if you get an RFE*, and are prepared to return to the US on short notice for fingerprinting (unless your 2nd fingerprinting was already done in recent months) or an interview, and you will return to the US before the AP expires, you should be OK.


*if you or your employer hired an attorney to handle the I-485, the attorney normally would get the RFE, but sometimes only the individual gets it.
 
Yes my attorney will notify me if there's any RFE, and I'll come to the US if needed to.
So I guess it will all work out just fine then.
 
kyaimajaa said:
Yes my attorney will notify me if there's any RFE, and I'll come to the US if needed to.
So I guess it will all work out just fine then.
Click to expand...

AP is for temporary visits and not for stayng overseas to the whole time of its validity with pending I485 (read the instruction of form I131 from, page 1 the USCIS web page). The instructions did not say what is temporary is temporary.
 
Yes, the mail will be forwarded to somebody in the states.

Is it possible to ask for an Advance Parole to be valid for more than 1 year?
 
mmed said:
AP is for temporary visits and not for stayng overseas to the whole time of its validity with pending I485 (read the instruction of form I131 from, page 1 the USCIS web page). The instructions did not say what is temporary is temporary.
Click to expand...
There is nothing that bars people from using up the entire validity period of the Advance Parole in one trip. An overseas visit of 11.99 months is still temporary.
 
I found out another option to transfer over to do a Consular Processing (continuing the process in the home country), how safe is it for my wife to remain in the US, while I stay in the home country?
 
If you choose consular processing, you risk being stuck outside the US for longer than you want. Initiating consular processing will cause your I-485 will be canceled, and your H1B is the only thing you have that can get you back into the US before your green card is approved. If your employer cancels your H1B you're stuck outside the US until green card approval (and your entire GC process may get scrapped, because if the employer cancels your H1B they may also revoke your I-140).

I'm not sure if you choosing consular processing would allow your wife (I assume she's a dependent tied to your green card process) to remain in the US to continue with her I-485.
 
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