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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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  #1 (permalink)  
Old 08-24-2007, 02:29 PM
Senior Member
Priority Date
:
Jul-07
Category
:
EB2
I140 Mailed Date
:
08/14/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/14/2007
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Default Pending I-485 and Immigration to Canada

Please clarify the process in case one wants to immigrate to Canada on a pending I-485.

1) Is there an option to continue the AOS process while residing in Canada? If so, how to go about FP and other formalities?

2) Is there an option to change from AOS to CP while in Canada, so that one could attend the consular interview there?

3) Should the I-485 be withdrawn on immigrating to Canada? If so, till what stage one could withdraw a pending I-485?

4) What would happen to EAD and AP once I-485 is withdrawn?

5) Can we reapply for I-485 with the same I-140 later?
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EB2 - India - PD Jul 2007

Last edited by americandesi; 08-24-2007 at 02:33 PM.
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  #2 (permalink)  
Old 08-24-2007, 04:58 PM
Senior Member
Priority Date
:
Jul-07
Category
:
EB2
I140 Mailed Date
:
08/14/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Jun 2007
Posts: 291
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Originally Posted by americandesi View Post
Please clarify the process in case one wants to immigrate to Canada on a pending I-485.

1) Is there an option to continue the AOS process while residing in Canada? If so, how to go about FP and other formalities?

2) Is there an option to change from AOS to CP while in Canada, so that one could attend the consular interview there?

3) Should the I-485 be withdrawn on immigrating to Canada? If so, till what stage one could withdraw a pending I-485?

4) What would happen to EAD and AP once I-485 is withdrawn?

5) Can we reapply for I-485 with the same I-140 later?
Gurus! any inputs on this? I bet most of us who applied for canadian PR would be in the same boat.
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EB2 - India - PD Jul 2007
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  #3 (permalink)  
Old 08-27-2007, 12:46 PM
Senior Member
Priority Date
:
Dec-03
Category
:
EB2
I140 Mailed Date
:
09/13/2006
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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Originally Posted by americandesi View Post
Gurus! any inputs on this? I bet most of us who applied for canadian PR would be in the same boat.
I'm also landing in Canada while my I-485 is pending. I don't see any issues in that.

When you enter Canada, you tell them your status in US is H1, and when you come back to US, you tell them(if asked) that you landed in Canada as PR and have a pending I-485 in the US and that you'll abandon Canadian PR once you get your GC approved..(Again, only if asked)
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  #4 (permalink)  
Old 08-27-2007, 01:16 PM
Senior Member
Priority Date
:
Jul-07
Category
:
EB2
I140 Mailed Date
:
08/14/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Jun 2007
Posts: 291
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Originally Posted by WeShallOvercome View Post
I'm also landing in Canada while my I-485 is pending. I don't see any issues in that.

When you enter Canada, you tell them your status in US is H1, and when you come back to US, you tell them(if asked) that you landed in Canada as PR and have a pending I-485 in the US and that you'll abandon Canadian PR once you get your GC approved..(Again, only if asked)
My concern is not about travel to Canada while I-485 is pending, but about LIVING in Canada for 3 years while I-485 is pending, so that I am eligible to apply for Canadian citizenship.

Given the current trend, it's going to take years to get an US GC and I want to utilize that time towards Canadian citizenship without jeopardizing US GC.
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EB2 - India - PD Jul 2007

Last edited by americandesi; 08-27-2007 at 01:20 PM.
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