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sagar_nyc
03-05-2008, 12:03 PM
Hi Gurus,
I have my labor approved, I-140 approved , EAD/ AP approved and 485 filed. My wife and I have got our EADs . Due to family related issues I am thinking of going back to India. Could someone tell me about what will happen to GC if I leave US at this stage? I mean Can I switch to consular processing (I think While filing 485 you can choose for this option). But I don't know whether anyone can switch processing to CP after filing 485. I have already started working on EAD . so If I go to India for six months at least with no payroll (paystubs) ,Will I be out of status? and will have trouble entering on AP and GC Eventually.

Any help would be much appreciated

BornToWin
03-05-2008, 12:31 PM
Hi Gurus,
I have my labor approved, I-140 approved , EAD/ AP approved and 485 filed. My wife and I have got our EADs . Due to family related issues I am thinking of going back to India. Could someone tell me about what will happen to GC if I leave US at this stage? I mean Can I switch to consular processing (I think While filing 485 you can choose for this option). But I don't know whether anyone can switch processing to CP after filing 485. I have already started working on EAD . so If I go to India for six months at least with no payroll (paystubs) ,Will I be out of status? and will have trouble entering on AP and GC Eventually.

Any help would be much appreciated

Here is my 2cents. But pls check with your attorney...... You can change to consular processing by filing form I824. However if after 6 months you decide to come back into the USA I am not sure you can use your EAD or AP as you MAY not be considered a parolee. Not sure but if you do confirm let me know so I can update my mental info :-)

Hinglish
03-05-2008, 12:38 PM
You can do this only if the job offer is still valid at the time of I485 approval.
If you have AP, the duration of your AP will be the deciding factor on the date till which you can reenter without adversely affecting you pending app.....
Since you have already "used" the EAD, AP reentry is the only option you have, cant use H1 to reenter unless it was reapproved and stamped
Get a lawyer to switch your app to Consular processing if you wish to remain in India for a duration longer than AP duration.

Hi Gurus,
I have my labor approved, I-140 approved , EAD/ AP approved and 485 filed. My wife and I have got our EADs . Due to family related issues I am thinking of going back to India. Could someone tell me about what will happen to GC if I leave US at this stage? I mean Can I switch to consular processing (I think While filing 485 you can choose for this option). But I don't know whether anyone can switch processing to CP after filing 485. I have already started working on EAD . so If I go to India for six months at least with no payroll (paystubs) ,Will I be out of status? and will have trouble entering on AP and GC Eventually.

Any help would be much appreciated

mugwump
03-05-2008, 12:45 PM
Get a lawyer to switch your app to Consular processing if you wish to remain in India for a duration longer than AP duration.

you can convert to consular processing, but from my understanding, priority dates need to be current when you switch. can seniors confirm that?

Hinglish
03-05-2008, 01:22 PM
you can convert to consular processing, but from my understanding, priority dates need to be current when you switch. can seniors confirm that?

Conversion to CP is not dependent on priority dates since the application is already in the system ... by converting you are asking your application to be routed through to the consular post via NVC after approval instead of the local service centers