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View Full Version : Help Needed: Leaving for Good While I-485 is Pending


Hassan11
01-07-2010, 01:27 PM
Hi All:

I have decided after many years of waiting for my pending I-485 to be approved to return back home for good. I am ROW EB3 with a priority date of May 2005. Last time I checked, my application is pre adjudicated and name check and everything else is completed and just waiting on PD to be current to be approved. However, with the current retrogression and no end in sight, I am throwing the towel and decided to return home. I have been working on EAD for 2 years now and I travel using AP. I didnít transfer my H-1B visa from my old job to my current employer.

my first question is : in case I go home and I live there for few years and I decide to come back here, can I transfer my old H-1B visa to any new employer in case I find a job with a new company in the future? Or I have to apply for a new H-1B visa to be able to come back.

My second question: what other things I need to take care before I leave from here? Do I need to notify Social Security Admin? etc.... I want to make sure that I have everything take care of before I leave, in case I decide to come back to work in the US in the future.

Thank you in advance for your advice

nousername
01-07-2010, 01:47 PM
I feel your pain and give you kudos to have finally made that difficult call. I am sure just like you (and me) there are many others who have been thinking about the same but fail to move forward. Good luck for future.

Answers to your questions:

1. I "think" if you stay out of the country for 1yr. you will get a new H1. Gurus can confirm that.
2. I don;t think you need to tell anything to SSA. If you have paid SS for more than 10 yrs then you might be eligible for a pay back after you hit a certain age. In short you don't owe them anything.

On a side note you might want to consider consulate processing for your GC, just a thought..


Hi All:

I have decided after many years of waiting for my pending I-485 to be approved to return back home for good. I am ROW EB3 with a priority date of May 2005. Last time I checked, my application is pre adjudicated and name check and everything else is completed and just waiting on PD to be current to be approved. However, with the current retrogression and no end in sight, I am throwing the towel and decided to return home. I have been working on EAD for 2 years now and I travel using AP. I didnít transfer my H-1B visa from my old job to my current employer.

my first question is : in case I go home and I live there for few years and I decide to come back here, can I transfer my old H-1B visa to any new employer in case I find a job with a new company in the future? Or I have to apply for a new H-1B visa to be able to come back.

My second question: what other things I need to take care before I leave from here? Do I need to notify Social Security Admin? etc.... I want to make sure that I have everything take care of before I leave, in case I decide to come back to work in the US in the future.

Thank you in advance for your advice

Hassan11
01-07-2010, 01:57 PM
is there anything else I need to do before I leave? I am trying to create a checlist of items to be done before my departure.

how can i confirm this 1-year out of country rule for H1B???

Thanks

webm
01-07-2010, 02:01 PM
Yes,you can opt for consular processing (CP) for your GC.. referring the pending 485 app and try your luck can happen anywhere..
Many of us here waiting on pending GC decision.

how can i confirm this 1-year out of country rule for H1B??? --> It's a standard sticky rule in place from long time.


All the best!

nousername
01-07-2010, 02:08 PM
Save your ticket and mention the dates correctly when you reapply in future.. People at USCIS can dig into their records to find out when you left and if you reentered in between.

is there anything else I need to do before I leave? I am trying to create a checlist of items to be done before my departure.

how can i confirm this 1-year out of country rule for H1B???

Thanks

Hassan11
01-07-2010, 02:29 PM
Thank you for your advice. sorry but I have some follow up questions:


1. do I need to file for CP while I am still in the US or can I do it from my country?
2. CP will be based on a green card for future employment. so am I going to need a Employment verification Letter when i apply for CP? because when I leave from here, I don't think my current employer will provide me with a EVL if I need it in the future.

3. can I find another employer for a smiliar job that can provide me with an EVL in case I need it in the future for CP??

4. do i need to keep an address here in the US ( like a friend's address) for immigration purposes while I am living back home? or a bank account etc.....

5. regarding SSA, I have been contributing since 2002 (9 years) short of the 10 years requirements. is there anything I can do now so I can still get benefits when I turn the retirement age

Hassan11
01-07-2010, 03:22 PM
?? Please advice

yagw
01-07-2010, 03:33 PM
Thank you for your advice. sorry but I have some follow up questions:


1. do I need to file for CP while I am still in the US or can I do it from my country?

I am not sure. But if you are in I-485 and leave US without AP then it is considered abandoning your GC. If you file CP then you can leave US without AP.

2. CP will be based on a green card for future employment. so am I going to need a Employment verification Letter when i apply for CP? because when I leave from here, I don't think my current employer will provide me with a EVL if I need it in the future.

Not sure.

3. can I find another employer for a smiliar job that can provide me with an EVL in case I need it in the future for CP??

Yes. And you should. CP interview will ask for valid employment offer.

4. do i need to keep an address here in the US ( like a friend's address) for immigration purposes while I am living back home? or a bank account etc.....

Don't think so. Talk to an Attorney for better understanding.

5. regarding SSA, I have been contributing since 2002 (9 years) short of the 10 years requirements. is there anything I can do now so I can still get benefits when I turn the retirement age

DISCLAIMER: I am not an Attorney and this is not a legal advice.

gcbikari
01-07-2010, 03:57 PM
In addition to all replies, I'd recommend you to talk to your attorney that filed your I485.

Hassan11
01-07-2010, 04:05 PM
I actually don't have a lawyer. I filed for I-485 myself back in 2007

In addition to all replies, I'd recommend you to talk to your attorney that filed your I485.

Michael chertoff
01-07-2010, 05:35 PM
I actually don't have a lawyer. I filed for I-485 myself back in 2007

It is better if you can hire a attorny pay the fees( couple of hundred dollars) and get the answers. at least you will be satisfied.

Best of luck for future. I am also thinking about going back.

MC

hoolahoous
01-08-2010, 09:46 AM
about H1, once your current employment is gone, so is your H1. You can not 'transfer' H1 once you have left your job. You will need a new one.

geevikram
01-08-2010, 10:03 AM
Best of luck for future. I am also thinking about going back.

MC

Just Curious MC, why would you think of going back. Your PD is not way far-off.

lfadgyas
01-08-2010, 10:30 AM
Regarding SS benefits:
-You can come back any time and do the missing 1-2 years in order to have the full 40points.

-Depend on your country of citizenship your SS benefits could be transferred back and counted for in your native country (For example Germany and the US has some bilateral agreements regarding this) check your Social Security office at homeÖ

-Never really figured out yet but Iím not 100% sure about this: if you have all the 40 points (10years of work) here in the US and you are NOT a permanent resident or citizen (by the time you reach the retirement age) and you go back to your own country then you probably will never receive your SS benefits. Some expert should investigate this, since due to the retrogression more and more folks will be in this situation (having 10 legal working years and no GC)


-based on your PD you are probably ~one year away from getting the GC so why juts not wait :mad:and see :eek:Ė you still can prepare your life to go back Ė but if you by chance will have it I guess it will not hurtÖ

Hassan11
01-08-2010, 11:32 AM
I have some follow up questions: :confused:

1. do I need to file for CP (to keep the 485 alive) from the US before I leave or can i file for CP from my home country? assuming that when I leave I will leave on a valid AP


2. when time comes and my PD is current and CP requires an EVL, will CP accept an EVL from any employer as long as the job offer (the new postition) is similar to the one that my LC was based on when I applied for i-485?

4. do i need to keep an address here in the US ( like a friend's address) for immigration purposes while I am living back home? or a bank account etc.....

5. regarding SS benefits, do you have to contribute for 10 years or all it matters is that you accumulate the necessary 40 points to get SS benefits on retirement??

forgerator
01-08-2010, 12:02 PM
Hassan I would recommend waiting maybe another year. If CIR passes it might help expedite GC for everybody.

I am also in the same boat, and will probably wait maybe another couple of years before throwing in the towel as well.

On a sidenote I have a question for the gurus on IV:
I have a lot of shares in the US stock market, as well as IRA and 401k, and some saving accounts. If I do decide to leave US, do I need to cash out everything or can I let everything stay as is ?

Hassan11
01-08-2010, 12:31 PM
Thank you for the advice but I am done waiting 1 more year after the other. it might be 1 more year and maybe 2 or 3, who knows. Sorry to be pessimistic :( but I have no hope about CIR. Instead of wasting these important years of my life waiting for something that might or might not happen, I have decided to go back home to start a family and a career near my parents. I have lived 9.5 years away from them and missed on so many things because of this false hope of the GC. if it is in my destiny to come back here 1 day, then we will see, but for now I am done.





Hassan I would recommend waiting maybe another year. If CIR passes it might help expedite GC for everybody.

I am also in the same boat, and will probably wait maybe another couple of years before throwing in the towel as well.

On a sidenote I have a question for the gurus on IV:
I have a lot of shares in the US stock market, as well as IRA and 401k, and some saving accounts. If I do decide to leave US, do I need to cash out everything or can I let everything stay as is ?

Hassan11
01-11-2010, 09:37 AM
Anybody has some advice or answers to my questions below?? Thank you in advance.



I have some follow up questions: :confused:

1. do I need to file for CP (to keep the 485 alive) from the US before I leave or can i file for CP from my home country? assuming that when I leave I will leave on a valid AP

2. when time comes and my PD is current and CP requires an EVL, will CP accept an EVL from any employer as long as the job offer (the new postition) is similar to the one that my LC was based on when I applied for i-485?

4. do i need to keep an address here in the US ( like a friend's address) for immigration purposes while I am living back home? or a bank account etc.....

5. regarding SS benefits, do you have to contribute for 10 years or all it matters is that you accumulate the necessary 40 points to get SS benefits on retirement??

inskrish
01-11-2010, 10:37 AM
Hi All:

I have decided after many years of waiting for my pending I-485 to be approved to return back home for good. I am ROW EB3 with a priority date of May 2005. Last time I checked, my application is pre adjudicated and name check and everything else is completed and just waiting on PD to be current to be approved. However, with the current retrogression and no end in sight, I am throwing the towel and decided to return home. I have been working on EAD for 2 years now and I travel using AP. I didnít transfer my H-1B visa from my old job to my current employer.

my first question is : in case I go home and I live there for few years and I decide to come back here, can I transfer my old H-1B visa to any new employer in case I find a job with a new company in the future? Or I have to apply for a new H-1B visa to be able to come back.

My second question: what other things I need to take care before I leave from here? Do I need to notify Social Security Admin? etc.... I want to make sure that I have everything take care of before I leave, in case I decide to come back to work in the US in the future.

Thank you in advance for your advice

Hi,

Sorry to see you have decided to leave USA. In Jan.10 VB, DOS estimated that the EB3 ROW cut-off date will reach somewhere between Apr.05-Aug.05 by Sep.10;so, your case will be current in eight months. Can't you wait for another year or so to get your GC? Just throwing some thoughts to ease your situation!

All the best!

a_yaja
01-11-2010, 10:48 AM
I have some follow up questions: :confused:

1. do I need to file for CP (to keep the 485 alive) from the US before I leave or can i file for CP from my home country? assuming that when I leave I will leave on a valid AP


2. when time comes and my PD is current and CP requires an EVL, will CP accept an EVL from any employer as long as the job offer (the new postition) is similar to the one that my LC was based on when I applied for i-485?

4. do i need to keep an address here in the US ( like a friend's address) for immigration purposes while I am living back home? or a bank account etc.....

5. regarding SS benefits, do you have to contribute for 10 years or all it matters is that you accumulate the necessary 40 points to get SS benefits on retirement??

AC21 is available only for I-485 applicants and not CP. Please see Murthydotcom for more details @
MurthyDotCom : Revisiting the Debate : Adjustment of Status vs. Consular Processing (http://www.murthy.com/news/n_revdeb.html)

For SS benefits, you need 40 credits (not the same as 10 years) - however, the maximum you can get in a year is 4 credits (can be less if you don't contribute "enough). Following is link from SSA defining all the different concepts and who is eligible for benefits:
Understanding The Benefits (http://www.ssa.gov/pubs/10024.html#aboutbenefits)

I hope you find answers for other questions as well.

Disclaimer: This is not legal advice.