What happens to I-485 if sent back to India ?

D

dhari

Registered Users (C)
Folks

There is a good chance my company will ask me to go back to India & work from the India office. I have done my FP and expect approval in July for my AOS.

What happens to my 485 application ? Will I be able to get my GC stamped on my passport by making a trip to the US & then come back to the US at a later stage & get a job back in the US ?

Please advise,

Thanks
 
I am also in the same boat!

But I haven\'t done FP. Applied for EAD, AP on 02/11/2002 at TSC. What my lawyer says, it will take between 8-12 months from now. I don\'t think it causes any problem, worst case, you have make a trip to US.
 
There must be a permanent full time position available in the US

For a GC to be validlyt issues. Clearly, INS would have good reason to question this in the scenario that you described.

There is certainly the potential for problems.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
Hi dhari

Go to India on AP and do not stay more than six months.
You have to come back with in six months.

Double check with the lawyer.
 
You can use AC21 if 180 days

have been passed since your 485 RD. If 180 days have been passed, you can search similar job and switch to it. However, once you get the job offer, I strongly suggest that you consult a Lawyer who believs in AC21 and is willing to work with you on that and then only swicth it.
 
question to Jim

Hi Jim,

What happens if the employer sending the employee to India on business needs (NOT A LAY OFF), because the person should be there for installation, knoledge transfer ....

Getting a letter from the employer stating that we need this candidate at our office at a different country for a short period of time, after that he will be here in US permanently.

What happens if the employee gone on vacation for 4 months after FP was done?

Thanks for your time,
Sreenivasa Kumar Majji.
 
AOS peding

Lawyer told me that irrespective of where you are working you should be on U.S companies payroll.
 
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