Continue AOS process outside USA due to family situations

[nk29]

Hi:


Family emergencies have made the need for us to return back to India soon. We are in a situation where we are even prepared to withdraw our I-485 if necessary.

The problem is now we are working on EADs and use advance parole. So right now we are in "Authorized stay" as per the new memo. Also we are no longer working for the sponsoring company and now used AC21 to transfer to new company.

Our lawyer said that if we return to India and withdraw the I-485 we will be fine and it will not affect future return to USA.

Our concern is when we withdraw the I-485 we accumulate the unlawful status since the day we went from H1 b to EAD. So will it have any bearing if we choose to apply for another h1/l1 visa down the road (years later).

My questions are:

1. If we withdraw our I-485 after we move back to India - will it affect future return to USA? (We are in EAD right now. H1 b is valid until July 2010 - But we changed companies and now not using H1 b since 2007. We also have a approved I-140 from the original company).

2. Can we continue the green card processing from India and choose consular processing?

Thanks in advance
NK29

[Ramba]

Originally Posted by nk29

Hi:


Family emergencies have made the need for us to return back to India soon. We are in a situation where we are even prepared to withdraw our I-485 if necessary.

The problem is now we are working on EADs and use advance parole. So right now we are in "Authorized stay" as per the new memo. Also we are no longer working for the sponsoring company and now used AC21 to transfer to new company.

Our lawyer said that if we return to India and withdraw the I-485 we will be fine and it will not affect future return to USA.

Our concern is when we withdraw the I-485 we accumulate the unlawful status since the day we went from H1 b to EAD. So will it have any bearing if we choose to apply for another h1/l1 visa down the road (years later).

My questions are:

1. If we withdraw our I-485 after we move back to India - will it affect future return to USA? (We are in EAD right now. H1 b is valid until July 2010 - But we changed companies and now not using H1 b since 2007. We also have a approved I-140 from the original company).

2. Can we continue the green card processing from India and choose consular processing?

Thanks in advance
NK29

Request USCIS to convert your AOS to CP, before leaving US; I think there is a form for it. However, AC21 may not be applicable in CP; you need a job offer from sponser at the time of interview. I dont think, you accure any unlawful status that prevent you to enter in any status in future.

[aruben@srrlaw.us]

Ramba is correct. The worry is not about lawful status. Rather, AC21 employment portability applies only when there is a pending I-485.---So, in order to continue greencard processing from India, you would need a permanent offer of full time employment from your original employer once your priority date is reached.

[nk29]

Thank you very much for your reply.

So in other words, in any case we withdraw our I-485 after returning to our country, this should not affect future return to USA later down in the road(years later)?

Is there any procedure to withdraw it?
NK29