Working outside US while AOS pending

[nyc8300]

Is there a clarification on working outside the US while 485 is pending. The work will be for not the company filing the AOS/I-485

Does USCIS allow processing of the GC while being outside the country. Given 800K applications, it may take anywwhere beween 5-10 years of wait till the GC gets approved.

Experts please comment....

 

[sfmars]

Is there a clarification on working outside the US while 485 is pending. The work will be for not the company filing the AOS/I-485

Does USCIS allow processing of the GC while being outside the country. Given 800K applications, it may take anywwhere beween 5-10 years of wait till the GC gets approved.

Experts please comment....

It is highly not recommended to be outside of US more than 60 days while you are on AOS. Most probably USCIS denies application since tey know you were outside of US more than 60 days.

The solution for you would be to change your AOS to CP, when the CP is approved you can come to US back with green card.

 

[ginnu]

It is highly not recommended to be outside of US more than 60 days while you are on AOS.
-----------------from where did this 60 days rule came??
Most probably USCIS denies application since tey know you were outside of US more than 60 days.
---------------------Not true one can be out of US more than 60 days. many derivative I-485 applicants stay 6 months out of US and it does not mean I-485 gets denied. for primary applicant I-485 or GC is for future job and I-485 pending is not future permanent job. FYI one can be without job while I-485 is pending.

The solution for you would be to change your AOS to CP, when the CP is approved you can come to US back with green card.
---for CP no AC21, no appeal, no EAD, No AP, and at the time of CP processing when your PD is current and US consulate inform you for documents from your side then at that time employer should have job for you and employer need to give Notarized job offer letter
** poster need to read the CP process and can read it on www.immihelp.com

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[sfmars]

--------------

-----------------from where did this 60 days rule came??

As for 60 days, I heard that from several lawyers.
I also tried to figure out about 60 days, the general explanation I got was:
you can not leave US for a long time being in AOS.

---------------------Not true one can be out of US more than 60 days. many derivative I-485 applicants stay 6 months out of US and it does not mean I-485 gets denied. for primary applicant I-485 or GC is for future job and I-485 pending is not future permanent job. FYI one can be without job while I-485 is pending.

In the mean time when you get RFE with your pending I-485 while you are unemployed you get a trouble to have your I-485 denied.
I do not think that based on the examples (with many derivative I-485 applicants staing 6 months out of US ) we can conclude something.

I personally know someone who won green card in the lottery, showed up in US for a couple of days, then left it for his original country and successfully got citizenship in five years when he came back. Everybody can say that is not possible but it happened. Does it prove that one can not stay in US 180 days each year not to loose green card ???

You may know that when you leave US and surrender your I-94 you loose your visa status and only when you come back at the border immigration officer places stamp on your new I-94, ruturning your status back.
But he may decide that you can not get your status back because you were without your current status for a long time. It may be not so important for someone who has H4/L2 valid stamp in passport , but in case if you use AP it was seriously highly recommended not to be out of country more than 60 days.

---for CP no AC21, no appeal, no EAD, No AP, and at the time of CP processing when your PD is current and US consulate inform you for documents from your side then at that time employer should have job for you and employer need to give Notarized job offer letter.

I do not think that someone needs EAD/AP working for a long time outside of US. I do not know about appeal but I believe that lawsuit is possible.
There is no namecheck in comparision with AOS.
The same applies for i-485 AOS you must have job in US or at least job offer when your I-485 is about to be adjudicated

 

[ginnu]

As for 60 days,
I heard that from several lawyers.
---------------------------Give me the name and phone # of Lawyers

I also tried to figure out about 60 days, the general explanation I got was:
you can not leave US for a long time being in AOS.
-----------------did they provide Definition of "long time"


In the mean time when you get RFE with your pending I-485 while you are unemployed you get a trouble to have your I-485 denied.

------------------Not every person get RFE, why RFE if all the documents are sent to USCIS with I-485. Person may be having a lawyer to reply RFE and again it depends on what is asked in RFE
I do not think that based on the examples (with many derivative I-485 applicants staing 6 months out of US ) we can conclude something.
------------------you Posted "Most probably USCIS denies application since tey know you were outside of US more than 60 days" why the USCIS will deny the I-485 if person is out of US more than 60 days?
I personally know someone who won green card in the lottery, showed up in US for a couple of days, then left it for his original country and successfully got citizenship in five years when he came back. Everybody can say that is not possible but it happened. Does it prove that one can not stay in US 180 days each year not to loose green card ???

You may know that when you leave US and surrender your I-94 you loose your visa status and only when you come back at the border immigration officer places stamp on your new I-94, ruturning your status back.
But he may decide that you can not get your status back because you were without your current status for a long time.
---------------------USCIS or CBP has no rule for Pending AOS applicants, one can enter with AP or can get I-94 if he/she has valid Visa stamp

It may be not so important for someone who has H4/L2 valid stamp in passport , but in case if you use AP it was seriously highly recommended not to be out of country more than 60 days.
-------------------one can stay with AP more than 60 days no rule of 60 days. one need to have valid AP in hand before go out and should enter US before the AP expires. even if I-485 gets approved while the person is out of US he/she still can enter US with valid AP




I do not think that someone needs EAD/AP working for a long time outside of US. I do not know about appeal but I believe that lawsuit is possible.
There is no namecheck in comparision with AOS.

The same applies for i-485 AOS you must have job in US
-----one can be without job. I-485 is for future job and after I-485 filing person is AOS status

or at least job offer when your I-485 is about to be adjudicated
----------------------only Permanent job offer needed AT THE TIME OF I-485 approval.

--------------------------

 

[nyc8300]

Thanks for the comments. I will try and check with an established attorney and post on this link for use by other people.

 

[nyc8300]

Lawyer's Comment

Case: Working outside US while
1.AOS pending
2.Different employer other than I-485 filing employer

Here is what the lawyer said
1. Consular processing CANNOT be used in case of employer change since with CP one has to furnish a letter of employment from the employer that filed the original I-485 when the actual interview takes place at the time of the CP.
2. With AOS, one can either get lucky and get approval OR get a RFE asking current empoyment offer in same/similar occupation and pay stubs. This has to be furnished within 2 weeks of the RFE.

If one is not employed in US or has a US subsidiary, it may be hard to go around that unless one has a friend in a consulting company who can give a future employment letter for post GC.

Experts please comment?? Any comments on RFE (and resolution/interviews of RFE's) for 485 would help where the RFE asks for current job, pay stubs....

 

[ginnu]

Case: Working outside US while
1.AOS pending
2.Different employer other than I-485 filing employer

Here is what the lawyer said
1. Consular processing CANNOT be used in case of employer change since with CP one has to furnish a letter of employment from the employer that filed the original I-485 when the actual interview takes place at the time of the CP.
----------------that is correct
2. With AOS, one can either get lucky and get approval OR get a RFE asking current empoyment offer in same/similar occupation and pay stubs. This has to be furnished within 2 weeks of the RFE.
---------------- correct but the USCIS may not ask RFE for for same/similar job offer as you are not using AC21. for AC21 you need to have job offer from NEW employer that you join after 1-485 pending more than 180 days and I-140 approved. all depends on RFE what is asked and the time to reply RFE will be on RFE letter
If one is not employed in US or has a US subsidiary, it may be hard to go around that unless one has a friend in a consulting company who can give a future employment letter for post GC.
-----------------that is correct info from lawyer
Experts please comment?? Any comments on RFE (and resolution/interviews of RFE's) for 485 would help where the RFE asks for current job, pay stubs....
---------------Every case is different and not every body gets the same RFE. RFE (request for further Evidence) can be for any missing documents or for any information from your side that USCIS need before approving I-485.I am not astrologist and I cant say if you will get RFE or Not or if get RFE what will be asked (astrologists are also 99.99% wrong and I don’t believe in them)

----------------- You have to decide what you want to do.

 

[nyc8300]

----------------- You have to decide what you want to do.

Thanks for the comments. I think this case is slightly different from a AC21. I can probably make it a AC21 case if it is possible to get a letter for future employment from the employer's susbsidiary in the US suggesting I would be employed in the US once the GC is approved.
I do have a question about informing USCIS about leaving the country with a pending AOS. It may be similar to informing USCIS about leaving the country for more than 6 months when you already have a GC. I do not know the repurcussions of such an intimation to the USCIS.

 

[fast_gc_seeker]

Is there a clarification on working outside the US while 485 is pending. The work will be for not the company filing the AOS/I-485

Does USCIS allow processing of the GC while being outside the country. Given 800K applications, it may take anywwhere beween 5-10 years of wait till the GC gets approved.

Experts please comment....

My 485 was filed in 2004 and since then I've been mostly been outside US for extended periods upto 1yr. No questions were asked till date. Even my 3 EAD and 3 AP's have been approved while being outside US for an year.

Only risk I see is if somebody gets RFE for employment verification.

 

[sfmars]

My 485 was filed in 2004 and since then I've been mostly been outside US for extended periods upto 1yr. No questions were asked till date. Even my 3 EAD and 3 AP's have been approved while being outside US for an year.

Only risk I see is if somebody gets RFE for employment verification.

See an example of the guy in my second post of this topic, he became citizen having spent in US not more than a week.

BTW: I saw a post of one guy in this forum whose PD is 2000 or 2001 he got 4th EAD and in a week got denial of his I-485 because he had misrepresented himself to the employer who did his H1 transfer and sponsored his green card later.

Just wanted to say that personal individual examples do not prove anything and law was not broken.

I believe that travels outside of US must be short when person is on AOS.

 

[nyc8300]

My 485 was filed in 2004 and since then I've been mostly been outside US for extended periods upto 1yr. No questions were asked till date. Even my 3 EAD and 3 AP's have been approved while being outside US for an year.

Only risk I see is if somebody gets RFE for employment verification.

Thanks for the note. I see 3 questions here
1. Did you inform USCIS about stays outside US.
2. R uo working outside US for the employer that filed your I-485
3. In case you do get a RFE any thoughts on how you may proceed on employment verification?

 

[fast_gc_seeker]

Thanks for the note. I see 3 questions here
1. Did you inform USCIS about stays outside US.
2. R uo working outside US for the employer that filed your I-485
3. In case you do get a RFE any thoughts on how you may proceed on employment verification?

1) I havent informed USCIS about stay outside US. I believe GC is for future employment and USCIS has my US address and they dont need to know every time I go outside.

2) I've left my GC sponsor 3 yrs back
3) Will do something.

 

[fast_gc_seeker]

See an example of the guy in my second post of this topic, he became citizen having spent in US not more than a week.

BTW: I saw a post of one guy in this forum whose PD is 2000 or 2001 he got 4th EAD and in a week got denial of his I-485 because he had misrepresented himself to the employer who did his H1 transfer and sponsored his green card later.

Just wanted to say that personal individual examples do not prove anything and law was not broken.

I believe that travels outside of US must be short when person is on AOS.

There is no such law which says you can be outside US for specific time during AOS.
Ginu has also said the same thing above. If you think there is such law provide some proof else people here will conclude that law is only for you