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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 09-21-2007, 02:50 AM
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Default 2 months in India

I have to stay in India for more that 2 months (which I am happy to be). I am planning to buy a house and my brother is getting married. I need a lot of time to complete these tasks and many more. Is it ok to be out of theUS for so long or it could cause any problems with 485 processing.

Has anyone be outside the US for more than a month (usual vacation time)?

Thanks.
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  #2 (permalink)  
Old 09-21-2007, 02:57 AM
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Default You should be ok...

I have a close friend who went back to India for 19 months after applying for 485 and then came back on H1.

That stay out of country did not affect his 485. His green card was approved this July.

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Originally Posted by iheartindia79 View Post
I have to stay in India for more that 2 months (which I am happy to be). I am planning to buy a house and my brother is getting married. I need a lot of time to complete these tasks and many more. Is it ok to be out of theUS for so long or it could cause any problems with 485 processing.

Has anyone be outside the US for more than a month (usual vacation time)?

Thanks.
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  #3 (permalink)  
Old 09-21-2007, 07:12 PM
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Default

Quote:
Originally Posted by gcpadmavyuh View Post
I have a close friend who went back to India for 19 months after applying for 485 and then came back on H1.

That stay out of country did not affect his 485. His green card was approved this July.
Did he give any reason for a long term absence in the US? My lawyer emailed me today that it could seriously effect my application.

Any inputs?
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  #4 (permalink)  
Old 09-21-2007, 07:29 PM
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Default ??

Did your lawyer say why it would seriously affect your application?
As far as I know the only risk is if USCIS sends you some correspondence in mail for which you are expected to respond and you do not respond then that might get you in trouble but as long as you have your AP or H1 Visa stamped you can be outside the country for a couple of months.
Please let me know why your lawyer said it may adversely affect your applicaiton, I plan on being traveling for a couple of months as well.

Quote:
Originally Posted by iheartindia79 View Post
Did he give any reason for a long term absence in the US? My lawyer emailed me today that it could seriously effect my application.

Any inputs?
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  #5 (permalink)  
Old 09-21-2007, 07:58 PM
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Default What are the issues?

Hi,

I guess many people would be planning for an extended stay out of USA after filing 485. Please find out the possible issues from your lawyer .

Thanks.



Quote:
Originally Posted by iheartindia79 View Post
Did he give any reason for a long term absence in the US? My lawyer emailed me today that it could seriously effect my application.

Any inputs?
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  #6 (permalink)  
Old 09-21-2007, 09:06 PM
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Default

Quote:
Originally Posted by iheartindia79 View Post
I have to stay in India for more that 2 months (which I am happy to be). I am planning to buy a house and my brother is getting married. I need a lot of time to complete these tasks and many more. Is it ok to be out of theUS for so long or it could cause any problems with 485 processing.

Has anyone be outside the US for more than a month (usual vacation time)?

Thanks.
Incase USCIS approves your GC while you are in India, your H1-B visa gets invalidated automatically. So, you cannot get into USA, using your invalidated H1-B visa. So, the safe option is to return back to USA using your AP.

Regards,
IK
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  #7 (permalink)  
Old 09-22-2007, 01:34 PM
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Default

Quote:
Originally Posted by iheartindia79 View Post
Did he give any reason for a long term absence in the US? My lawyer emailed me today that it could seriously effect my application.

Any inputs?
He said it shows "no intent" or "less intent" of staying in the US?

Makes sense
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  #8 (permalink)  
Old 09-22-2007, 02:38 PM
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Default Not recommended

Your attorney is correct.

Better change your application to consular processing (CP) if you intend to stay out of US from extended periods after applying for I-485. Everything else will remain the same without violating the very meaning of "Adjustment of Status".

If still uncertain, check with another attorney for second opinion.
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  #9 (permalink)  
Old 09-22-2007, 03:10 PM
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Default Staying 2 months at a time outside is not good while I-485 is pending

That is what my attorney told me.
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  #10 (permalink)  
Old 09-22-2007, 04:12 PM
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Default

I am not sure what is the time limit, but there is something called abandonment of your adjustment of status if you applied here and were out of the country for a while. I just don't know how long will USCIS okay with you being out of the country.
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  #11 (permalink)  
Old 09-22-2007, 06:10 PM
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Default Doesn't make sense!

How does staying outside US for 2 months show 'no intent' or 'less intent' of staying in the US? Practically, for people whose PD's are after 2005, it will take 3-4 yrs to get an actual GC - does that mean they can't go outside US for more than 1 month till that time?

Quote:
Originally Posted by iheartindia79 View Post
He said it shows "no intent" or "less intent" of staying in the US?

Makes sense
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  #12 (permalink)  
Old 09-22-2007, 07:53 PM
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What are the risks associated if one goes for CP instead of AOS.
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  #13 (permalink)  
Old 09-22-2007, 07:59 PM
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Quote:
Originally Posted by hmehta View Post
How does staying outside US for 2 months show 'no intent' or 'less intent' of staying in the US? Practically, for people whose PD's are after 2005, it will take 3-4 yrs to get an actual GC - does that mean they can't go outside US for more than 1 month till that time?
I think 1 month trips / year should be fine.
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  #14 (permalink)  
Old 09-22-2007, 09:42 PM
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Quote:
Originally Posted by iheartindia79 View Post
He said it shows "no intent" or "less intent" of staying in the US?

Makes sense
umm... GC is given to work in the US. lot of people intend to stay in the US, but they are not given GC.
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  #15 (permalink)  
Old 09-23-2007, 02:57 AM
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Default

Quote:
Originally Posted by vamsi_poondla View Post
Your attorney is correct.

Better change your application to consular processing (CP) if you intend to stay out of US from extended periods after applying for I-485. Everything else will remain the same without violating the very meaning of "Adjustment of Status".

If still uncertain, check with another attorney for second opinion.
think very very carefully about going for CP if thats what you intend to do. you lose EAD/AP, will need to maintain your H1 if you want to work in the US, you will need to withdraw your 485, you will lose out on AC21 (so dependent on current employer):
http://www.murthy.com/news/n_revdeb.html

staying 2 months in India should be ok while ur 485 is pending. Make sure you are constant touch with your lawyer, and someone here can check your mail periodically. Getting an FP notice or an RFE is your only problem, both of which require immediately, timely response from your side.
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