I-485 Is pending but going back to india due to new job offer

[kumar_herald]

I need expert advice -

My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer

1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?

3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?

[GCNirvana007]

Originally Posted by kumar_herald

I need expert advice -

My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer

1. If I get laid-off, how long can I stay in US without another job?
Active EAD should keep your status ok

2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?

3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?

AP can be used to travel and return

[jthomas]

Originally Posted by kumar_herald

I need expert advice -

My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer

1. If I get laid-off, how long can I stay in US without another job?
With EAD you are okay.

2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
Answer :- I don't think so. If you are doing a part time job and if USCIS comes to know because of 1099 you may have a problem. I don't think you will have a problem if you accept cash and a evidence you never worked but helped your friend.

3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
Answer :- AP is used for emergency. I don't know much but one of IV members went to india and was working for his employer from india.

4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?

Answer :- Keep renewing your AP and you need to be present in US when AP is been renewed. I am not sure of it. Sorry.

[senthil1]

If you stay out of country for long time CIS may consider that you may abandon GC.

Originally Posted by kumar_herald

I need expert advice -

My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer

1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?

3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?

[meetpravee]

Let us know what you hear from your attorney/friends/forum about this. I am sure a lot of people would be interested in this. I sure am.

[roseball]

3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.


4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?

As long as your I-485 is pending, you can use a valid AP to re-enter. To renew your AP, you need to be in the US. If you convert your I-485 to CP, you will lose your EAD/AP privileges and will only be able to enter US on a valid H1 assuming you are coming here to work and have a job offer from an employer.

[a_yaja]

Originally Posted by roseball

3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.

Are you sure AC21 is valid for Consular Processing? AFAIK, AC21 applies only to AOS applications. See Murthy's note on CP vs AOS @ http://www.murthy.com/news/UDaosvcp.html

Also, if you move outside of the country permanently, why would one want to pursue GC option? GC is only for people who want to stay in the US permanently. After getting the GC, there are other conditions you need to meet to maintain your GC status - one of them is to have the US as your country of residence.