Abandoning AOS: How to withdraw I-485? Options?

[thepaew]

I am leaving the United States to pursue other opportunities next month. I'd like to know if there is an easy way to continue my green card application while I am overseas. If there is no easy way, I will withdraw my I-485 application.

I have been told that one way to do this is to file I-824 form with USCIS to convert I-485 application to a Consular processing application. I do not know if this is possible and I have the following questions w.r.t. my options:

1. Does my priority date have to be "current" in order for me to file I-824?

2. Assuming that an I-824 filing is possible, can I avail of AC21 portability or am I limited to the original sponsoring employer?

3. How does one withdraw an I-485 application?

4. My spouse cannot join me immediately and she will follow me to our new country of residence after 2-3 months. I'd like to return to help her move and to ship our remaining stuff. Can I do it on H-4 visa? My spouse has an independent H1B.

Thanks in advance for your advice. I appreciate it.

Best Regards,

[martinvisalaw]

Originally Posted by thepaew

I am leaving the United States to pursue other opportunities next month. I'd like to know if there is an easy way to continue my green card application while I am overseas. If there is no easy way, I will withdraw my I-485 application.

I have been told that one way to do this is to file I-824 form with USCIS to convert I-485 application to a Consular processing application. I do not know if this is possible and I have the following questions w.r.t. my options:

1. Does my priority date have to be "current" in order for me to file I-824?

No, you can file any time.

Originally Posted by thepaew

2. Assuming that an I-824 filing is possible, can I avail of AC21 portability or am I limited to the original sponsoring employer?

This is the big issue - AC21 is limited to 485 applicants. You cannot use it for consular processing

Originally Posted by thepaew

3. How does one withdraw an I-485 application?

Just write to CIS saying you want to withdraw.

Originally Posted by thepaew

4. My spouse cannot join me immediately and she will follow me to our new country of residence after 2-3 months. I'd like to return to help her move and to ship our remaining stuff. Can I do it on H-4 visa? My spouse has an independent H1B.

Yes, you should be able to get H-4.

[bradsmokess]

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