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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 03-26-2008, 12:45 AM
Junior Member
Priority Date
:
Before 2000
Category
:
EB1B
I140 Mailed Date
:
01/31/2008
Chargeability
:
Italy
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
01/31/2008
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Join Date: Mar 2008
Posts: 10
GC-Italy is on a distinguished road
Default I-140 and I-485 pending US JOB ask me to go in europe for 1 year. What do I do?

Hi,
The title explain my position but here are more details:
Entered the US in 1995 on a B1 VISA.
Switched to J1 VISA (not 2 years rule) in June 1995.
Switched to H1-B VISA in November 1997
Switched to J1 VISA on November 2003 (I run out of H1-B) and this J1 is still valid untill november 2008.
Feb 1st 2008 applied for I-140, I-485, I-131, I-765 concurrently as EB1-B (you might call it EB1OR).
As of today I-765 is approved and I exepct approval of I-131 soon.

You might wonder why I waited so long but honestly I was not willing to immigrate untill now (kids are growing and my wife and I think it is good to stay here in the US)

Now my project (within my university) wants me to go to europe for one year with my family.
Carrier wise this is a great thing for me to do.
Personally it is also a good thing to do being my kids will be closer to grandparents.
I will likely travel back to the US every 4-5 months for short periods (1-2 weeks for a conference or workshop).

Legally I think I can go using the approved I-131 (Advance Parole) but most of the information I can find are not so BLACK-on-WHITE.

Here is a list of questions that I came up with (please feel free to add other concerns or remarks):
0. I assume I cannot re-apply for another H1B. Is this correct?
1. is there a potential plan-B in the assumption my I-140 is denied (I can only think of applying for O-1 VISA but I am not sure it will work)?
2. is it really straight forward that I can stay in europe for an extended amount of time while my I-485 is pending (maybe it will get approved while I am there) and USCIS will not consider my AOS abandoned?

On another note my wife is a scientist as well and now she is on H1B but she is also my dependent on my I-485 application.
It is clear that she should stay on H1B for as long as she can.
3. Shall I try to get her to apply for I-140 (likely EB1-B as well)?
4. Could this be a reasonable plan B for question 1? (basically can we have two applications ongoing where on the first one she is my dependent and on the second one I am her dependent?

5. Any other suggestion or comments?

Thank you all in advance,

GC-Italy

Last edited by GC-Italy; 03-26-2008 at 03:52 PM. Reason: removed my first name from signature being it might be too personal
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  #2 (permalink)  
Old 03-26-2008, 02:04 AM
Junior Member
Priority Date
:
Before 2000
Category
:
EB1B
I140 Mailed Date
:
01/31/2008
Chargeability
:
Italy
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
01/31/2008
Compare
Join Date: Mar 2008
Posts: 10
GC-Italy is on a distinguished road
Default any suggestion?

I even rated 5 stars my own post trying to catch somebody attention but it did not work.
Any advice or similar experience?
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  #3 (permalink)  
Old 03-26-2008, 03:06 AM
Senior Member
Priority Date
:
Dec-07
Category
:
EB1B
I140 Mailed Date
:
11/30/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
11/30/2007
Compare
Join Date: Dec 2006
Posts: 588
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Default

Quote:
Originally Posted by GC-Italy View Post
Hi,
The title explain my position but here are more details:
Entered the US in 1995 on a B1 VISA.
Switched to J1 VISA (not 2 years rule) in June 1995.
Switched to H1-B VISA in November 1997
Switched to J1 VISA on November 2003 (I run out of H1-B) and this J1 is still valid untill november 2008.
Feb 1st 2008 applied for I-140, I-485, I-131, I-765 concurrently as EB1-B (you might call it EB1OR).
As of today I-765 is approved and I exepct approval of I-131 soon.

You might wonder why I waited so long but honestly I was not willing to immigrate untill now (kids are growing and my wife and I think it is good to stay here in the US)

Now my project (within my university) wants me to go to europe for one year with my family.
Carrier wise this is a great thing for me to do.
Personally it is also a good thing to do being my kids will be closer to grandparents.
I will likely travel back to the US every 4-5 months for short periods (1-2 weeks for a conference or workshop).

Legally I think I can go using the approved I-131 (Advance Parole) but most of the information I can find are not so BLACK-on-WHITE.

Here is a list of questions that I came up with (please feel free to add other concerns or remarks):
0. I assume I cannot re-apply for another H1B. Is this correct?
I believe that you need to be outside US soil for at least 1 year to reset H1-B periods.
Quote:
Originally Posted by GC-Italy View Post
1. is there a potential plan-B in the assumption my I-140 is denied (I can only think of applying for O-1 VISA but I am not sure it will work)?
Yes, O-1 is a possibility. But if your I-140 is denied, then perhaps you are better off being in Europe for 1 year and then reenter on H1-B?
Quote:
Originally Posted by GC-Italy View Post
2. is it really straight forward that I can stay in europe for an extended amount of time while my I-485 is pending (maybe it will get approved while I am there) and USCIS will not consider my AOS abandoned?
In my understanding, it should not be a problem provided you are still working for your University in US. I am not sure how a sabbatical will be viewed.

You do need to have the AP, though.
Quote:
Originally Posted by GC-Italy View Post

On another note my wife is a scientist as well and now she is on H1B but she is also my dependent on my I-485 application.
It is clear that she should stay on H1B for as long as she can.
3. Shall I try to get her to apply for I-140 (likely EB1-B as well)?
If money is not an issue, then more the merrier However, there could be an issue with I-485 since she has already submitted one. So if you do decide to apply, maybe she can just submit I-140.
Quote:
Originally Posted by GC-Italy View Post

4. Could this be a reasonable plan B for question 1? (basically can we have two applications ongoing where on the first one she is my dependent and on the second one I am her dependent?
I think it is unusual to have more than one I-485 application. So that question is moot. However, just having her apply for I-140 is a safety net. If your I-140 is rejected, then you can immediately apply for I-485 on her pending/approved I-140 and maintain status.

Quote:
Originally Posted by GC-Italy View Post


5. Any other suggestion or comments?

Thank you all in advance,

Gino
I do not know your position and/or achievements, but perhaps you are being unnecessarily paranoid. EB1-OR standard is fairly reasonable and a typical assistant professor usually get it without any issue.

Also please seek advices of competent immigration lawyers regarding the travel since that is also not usual (not your University paralegal); you cannot rely on advices gleaned from any forum, no matter how well meaning they were.
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  #4 (permalink)  
Old 03-26-2008, 03:34 AM
Junior Member
Priority Date
:
Before 2000
Category
:
EB1B
I140 Mailed Date
:
01/31/2008
Chargeability
:
Italy
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
01/31/2008
Compare
Join Date: Mar 2008
Posts: 10
GC-Italy is on a distinguished road
Default Thank you

Thank you so much.
I am meeting with my lawyer next week.
I just wanted to have opinions on what to discuss from people that went through something similar.
My best bet is to rely on the EB1-B I-140 not being denied and to just go to Europe with the Advance Parole.

On the side I will seriously consider submitting a I-140 for my wife.
The O-1 VISA seems to be such a waste of energy at this point since it does not take us any closer to GC.

This will not be a sabbatical but just going there to do research. I do not teach but I do have a permanent staff position. My university will keep paying me with some supplements also from the LAB where I will be.
I might come back after I meet with my lawyer and post what I learn.
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