TheMaverick
11-08-2011, 12:58 PM
Hi,
I am moving to India in the Spring of 2012 and have an EB3 India I485 AOS application pending with a priority date of January 2004.
In the case that my family is unable to readjust to living in India (we have been in the US for almost 16 years), I'd like to come back to the US and am looking for some thoughts on how to maintain my I485 application.
My questions are:
1. Can I use AC21 portability and switch to CP from my existing AOS application? When my priority date becomes current, I need to have a job offer from a US employer? Do I need an approved Labor and I140 from the new employer?
2. Can I abandon my existing I485 application and then file a new one after I come back to the US on an H1-B through a new employer? I recognize that I'll have to file for Labor and I140 again.
3. What are my options if I rejoin my existing employer?
Did anyone do this before?
Thanks,
Confused.
I am moving to India in the Spring of 2012 and have an EB3 India I485 AOS application pending with a priority date of January 2004.
In the case that my family is unable to readjust to living in India (we have been in the US for almost 16 years), I'd like to come back to the US and am looking for some thoughts on how to maintain my I485 application.
My questions are:
1. Can I use AC21 portability and switch to CP from my existing AOS application? When my priority date becomes current, I need to have a job offer from a US employer? Do I need an approved Labor and I140 from the new employer?
2. Can I abandon my existing I485 application and then file a new one after I come back to the US on an H1-B through a new employer? I recognize that I'll have to file for Labor and I140 again.
3. What are my options if I rejoin my existing employer?
Did anyone do this before?
Thanks,
Confused.