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  #1 (permalink)  
Old 12-19-2011, 09:10 AM
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gnittur is on a distinguished road
Default AP expired while living abroad, GC approved now

My company applied for GC in 2007. PERM was used and both I140 and 485 were filed concurrently. I-140 was approved and I was waiting for GC. Last year, I moved back to India for family reasons. Both me and my wife had Valid AP when we left US. I am living in India for 1 year with the same company that had filed for my GC. AP expired 6 months ago and company didn't renew as I was not on US payroll.

Yesterday, I have received my GC at my friend's place. There are many threads where people have had the same issue. I couldn't get any conclusive answer on whether this GC is valid, will there be issue at POE etc. Please advise whether I can use this for a travel planned to US in next few months. I was planning to get travel Visa. But, since GC is in hand, can I avoid trip to Chennai. Also, family conditions are better now. Can I use GC to move back to USA?
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  #2 (permalink)  
Old 12-19-2011, 02:21 PM
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my2239 has a reputation beyond repute my2239 has a reputation beyond repute my2239 has a reputation beyond repute my2239 has a reputation beyond repute my2239 has a reputation beyond repute my2239 has a reputation beyond repute my2239 has a reputation beyond repute my2239 has a reputation beyond repute my2239 has a reputation beyond repute my2239 has a reputation beyond repute my2239 has a reputation beyond repute
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Congrats on getting your gc

Well regarding using it, you can try by buying a ticket and appearing at a port of entry
All depends on the POE officer

Be prepared with enough money for a return ticket just in case they do not allow you at POE.


also you may stand a good chance if all the facts below are true

1) While your AP expired, you may have a active H1/L1 /other non immigrant approval on your name. This proves that you would have had an alternate status to enter US if needed

2) Also the fact that GC is based on a future employment concept and the fact that you continue to work for your sponsoring employer abroad and the fact that they may still provide employment as per the original labor application may help you if your employer provides supporting documentation to vet your claim

All the best
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  #3 (permalink)  
Old 12-21-2011, 03:43 AM
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Default

Thanks for the reply. I don't have any other Visa as well. I have to travel with Wife and 3 year old. So, if there would be issue at POE, I would not want to risk it.

Is it possible to get some letter or approval at consulate in India. Not sure if there is anything like that. Just want to avoid issues at POE.

Thanks again.
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  #4 (permalink)  
Old 02-24-2012, 12:45 AM
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Bal12345 is infamous around these parts Bal12345 is infamous around these parts Bal12345 is infamous around these parts Bal12345 is infamous around these parts Bal12345 is infamous around these parts Bal12345 is infamous around these parts
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Hi gnittur

Please share ur experience. R u able to enter US, am also in similar situation like you. pls advise me if i can re-enter US,

Thanks,
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  #5 (permalink)  
Old 02-24-2012, 01:20 AM
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I did not try. Most probably we are going to surrender our GCs.
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  #6 (permalink)  
Old 02-24-2012, 04:13 AM
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Bal12345 is infamous around these parts Bal12345 is infamous around these parts Bal12345 is infamous around these parts Bal12345 is infamous around these parts Bal12345 is infamous around these parts Bal12345 is infamous around these parts
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Hello gnittur

May I ask u is there any specific reason u didn't try cause do u anticipated any worst may happen at POE. The reason am asking is I checked with my lawyer, she said i can attempt entering US but may face some issues at POE. Is that ur contemplating also.

Thanks,
Bram12345
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  #7 (permalink)  
Old 02-24-2012, 04:21 AM
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We are not very sure. There are other considerations for our decision as well. See the below link. Similar scenario who didnt have major issues at POE.

http://immigrationvoice.org/forum/fo...verseas-2.html
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  #8 (permalink)  
Old 03-01-2012, 08:14 AM
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Bal12345 is infamous around these parts Bal12345 is infamous around these parts Bal12345 is infamous around these parts Bal12345 is infamous around these parts Bal12345 is infamous around these parts Bal12345 is infamous around these parts
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Hello gnittur

What is the procedure to surrender GC? Even am also considering doing the same thing. What's ur advise

Thanks,
Bal12345
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  #9 (permalink)  
Old 03-01-2012, 10:58 AM
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Sad that it didn't work out for your guys and you have to surrender GC back.

On a side note, does these numbers get added back to the system or they are kinda wasted (hate to use that word)....anybody?

thank you,
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  #10 (permalink)  
Old 03-03-2012, 11:09 AM
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Quote:
Originally Posted by sac-r-ten View Post
Sad that it didn't work out for your guys and you have to surrender GC back.

On a side note, does these numbers get added back to the system or they are kinda wasted (hate to use that word)....anybody?

thank you,
No, the numbers do not get added back; they are forever wasted.
I think people who have decided to move back to their home countries should do the rest of us a favor by withdrawing their I-485. This is the honorable thing to do once you've decided you are going back and no longer need a green card.
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