Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > Travel out of country and re-entry during/after 485 filing
Click to log in with Facebook
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.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 05-05-2008, 11:50 AM
Junior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
03/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jul 2007
Posts: 8
gangadhargs is on a distinguished road
Question Returning to India for good

I am planning to relocate to India for good sometime this year. I am one of those who filed I-485 in July 2007 with a 2006 priority date. What happens to I-485 if I move out of USA? Do I lose my place in line? Do I have to restart from scratch if I want to return at some point in the future? I checked the forums and could not find anything on this topic. I would appreciate any pointers and information on this topic.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 05-05-2008, 12:03 PM
Senior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
09/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/06/2007
Compare
Join Date: Feb 2006
Posts: 188
for_gc is infamous around these parts for_gc is infamous around these parts
Default

It depends.

If the employer who filed your LC/I140/485 is willing to offer you the job when the gc is approved or you can find a job in the same or similar category with some other employer, you should be fine.

Aslo, you have to take care of any RFE's in the meantime.

Please consult an attorney though to get exact and correct answers.
__________________
Total Contributions: ~ $600
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 05-05-2008, 12:04 PM
Senior Member
Priority Date
:
Jan-03
Category
:
EB3
I140 Mailed Date
:
01/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jan 2006
Posts: 837
eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute eb3retro has a reputation beyond repute
Default so..

Quote:
Originally Posted by gangadhargs View Post
I am planning to relocate to India for good sometime this year. I am one of those who filed I-485 in July 2007 with a 2006 priority date. What happens to I-485 if I move out of USA? Do I lose my place in line? Do I have to restart from scratch if I want to return at some point in the future? I checked the forums and could not find anything on this topic. I would appreciate any pointers and information on this topic.

so which means, u r not returning to india for good..
__________________
EB3 - India
PD 1/03
I140 approved - march, 2006.
485 status - Rotting in NSC with a single RFE
Lost H1, working on EAD. Invoked AC21 twice.
Attended DC Rally and contributed to IV many times.
Renewed EAD 3 times and AP 4 times
Total cost from the H1 days (new h1, extension, ead, ap, 140, 485 etc - $22000)
Total cost if I had bought a labor certification those days and having a GC by now - $15000
Not knowing if GC is this worth - Priceless.
R2I'd in Feb 2011.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 05-05-2008, 12:35 PM
Senior Member
Priority Date
:
Jul-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Egypt
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Oct 2006
Posts: 207
bfadlia has much to be proud of bfadlia has much to be proud of bfadlia has much to be proud of bfadlia has much to be proud of bfadlia has much to be proud of bfadlia has much to be proud of bfadlia has much to be proud of bfadlia has much to be proud of bfadlia has much to be proud of
Default

Quote:
Originally Posted by gangadhargs View Post
I am planning to relocate to India for good sometime this year. I am one of those who filed I-485 in July 2007 with a 2006 priority date. What happens to I-485 if I move out of USA? Do I lose my place in line? Do I have to restart from scratch if I want to return at some point in the future? I checked the forums and could not find anything on this topic. I would appreciate any pointers and information on this topic.
I think staying outside the country more than 6 months after reaching the adjustment of status stage is risky business. The AP doesn't give you a free pass to stay abroad forever.
If the customs officer in the airport where u return is not in a good mood, he can consider u have abandoned ur 485 status and deny your entry.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 05-05-2008, 12:59 PM
Senior Member
Priority Date
:
Feb-02
Category
:
Others
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jan 2007
Posts: 195
raj2007 will become famous soon enough raj2007 will become famous soon enough
Default

Quote:
Originally Posted by gangadhargs View Post
I am planning to relocate to India for good sometime this year. I am one of those who filed I-485 in July 2007 with a 2006 priority date. What happens to I-485 if I move out of USA? Do I lose my place in line? Do I have to restart from scratch if I want to return at some point in the future? I checked the forums and could not find anything on this topic. I would appreciate any pointers and information on this topic.
You have to follow CP route.
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 05-05-2008, 01:20 PM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
01/30/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/19/2007
Compare
Join Date: Dec 2006
Posts: 356
sam_hoosier has a reputation beyond repute sam_hoosier has a reputation beyond repute sam_hoosier has a reputation beyond repute sam_hoosier has a reputation beyond repute sam_hoosier has a reputation beyond repute sam_hoosier has a reputation beyond repute sam_hoosier has a reputation beyond repute sam_hoosier has a reputation beyond repute sam_hoosier has a reputation beyond repute sam_hoosier has a reputation beyond repute sam_hoosier has a reputation beyond repute
Default

Quote:
Originally Posted by gangadhargs View Post
I am planning to relocate to India for good sometime this year. I am one of those who filed I-485 in July 2007 with a 2006 priority date. What happens to I-485 if I move out of USA? Do I lose my place in line? Do I have to restart from scratch if I want to return at some point in the future? I checked the forums and could not find anything on this topic. I would appreciate any pointers and information on this topic.
Why would you want to come back, after relocating to India for good ?
__________________
Got Green Card in August 2011
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 05-05-2008, 01:45 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
americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future americandesi has a brilliant future
Default

Quote:
Originally Posted by gangadhargs View Post
I am planning to relocate to India for good sometime this year. I am one of those who filed I-485 in July 2007 with a 2006 priority date. What happens to I-485 if I move out of USA? Do I lose my place in line? Do I have to restart from scratch if I want to return at some point in the future? I checked the forums and could not find anything on this topic. I would appreciate any pointers and information on this topic.
You've got 2 options to retain your place in the line

1) Withdraw your I-485 and apply for Consular Processing by filing Form I-824 (Application for Action on an Approved Application or Petition) and choosing the option "USCIS to notify a different U.S. Consulate or Port-of-Entry about the approval of an application or petition. Please notify the U.S. Consulate or Port-of-Entry at:" in Part 2.

http://www.uscis.gov/files/form/I-824.pdf

Also refer
http://www.murthy.com/485faq.html#17

2) Withdraw your I-485 and later port the same priority date from your approved I-140 with another employer by interfiling.
__________________
EB2 - India - PD Jul 2007

Last edited by americandesi; 05-05-2008 at 01:58 PM.
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 05-05-2008, 01:57 PM
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: May 2007
Posts: 714
kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of kaisersose has much to be proud of
Default

You will have to switch from 485 to CP. During your CP interview you will have to provide a job offer letter from the 140 employer only.

Also, once you switch to CP, as far as I know, you cannot switch back to AOS at will, unless your PD is current.
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 05-10-2008, 11:24 AM
Junior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
03/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jul 2007
Posts: 8
gangadhargs is on a distinguished road
Lightbulb Update from attorney discussion

Spoke to an attorney in this matter:
a) We can leave to India as long as we have a renewed AP.
b) We will have to come back next year to get a AP renewed.
c) Once the need to come back to US ceases, we can switch over to Consular processing.

PS: Why do I want to come back? My wife has to and that is because she has to defend her thesis which is pending at this time.
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 05-10-2008, 12:26 PM
Senior Member
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 140
Bpositive is a splendid one to behold Bpositive is a splendid one to behold Bpositive is a splendid one to behold Bpositive is a splendid one to behold Bpositive is a splendid one to behold Bpositive is a splendid one to behold Bpositive is a splendid one to behold
Default good to know

Best of luck on the move...

I have been considering moving to India to expand my company's business...so it is good information for me....

I was told by my lawyer that staying way for a long time on AP may mean abandoning your 'adjustment of status'. He had recommended change to CP but that means you can't travel back and forth....
__________________
Attended DC Rally. $300 to IV. dec 2004 PD.
Sent Letter to Pres. And local congressman.
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 05-10-2008, 03:47 PM
Junior Member
Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
09/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
09/06/2006
Compare
Join Date: Jul 2007
Posts: 16
apple has a spectacular aura about apple has a spectacular aura about apple has a spectacular aura about
Default

I am also in the same boat and planning to go back to India and come once the PD is current. Instead of AP, if I can maintain my H1 status, is it going to create any problems? Appreciate, if any Guru's clarifies on Pros and Cons of having H1 Vs AP .
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 05-10-2008, 09:13 PM
Senior Member
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
12/12/2004
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 238
hebbar77 is just really nice hebbar77 is just really nice hebbar77 is just really nice hebbar77 is just really nice hebbar77 is just really nice
Default while on AOS u got to have AOS

Quote:
Originally Posted by apple View Post
I am also in the same boat and planning to go back to India and come once the PD is current. Instead of AP, if I can maintain my H1 status, is it going to create any problems? Appreciate, if any Guru's clarifies on Pros and Cons of having H1 Vs AP .
While on AOS if you exit without approved AP, you are considerd to have abandoned ur 485.
Gurus pls correct me if I am wrong.
Bookmark and Share Compare Reply With Quote


  #13 (permalink)  
Old 05-11-2008, 04:17 AM
Junior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
03/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jul 2007
Posts: 8
gangadhargs is on a distinguished road
Angry you need a AP

The attorney told me that I need the AP as long as I am on AOS. If I leave the country without an AP, it is considered as abandoning the GC application
Bookmark and Share Compare Reply With Quote


  #14 (permalink)  
Old 05-11-2008, 09:04 AM
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
02/28/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/15/2007
Compare
Join Date: Jul 2007
Posts: 276
mariner5555 is a glorious beacon of light mariner5555 is a glorious beacon of light mariner5555 is a glorious beacon of light mariner5555 is a glorious beacon of light mariner5555 is a glorious beacon of light
Default

at every stage they have chains..which in reality is to get more fees. I guess they did not think about family ties when such rules were written ...i.e. the system knows how to extract its pound of flesh
Bookmark and Share Compare Reply With Quote


  #15 (permalink)  
Old 05-11-2008, 03:14 PM
Senior Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
06/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/08/2007
Compare
Join Date: Dec 2006
Posts: 631
amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future amsgc has a brilliant future
Default

Quote:
Originally Posted by mariner5555 View Post
at every stage they have chains..which in reality is to get more fees. I guess they did not think about family ties when such rules were written ...i.e. the system knows how to extract its pound of flesh
The BS about family ties is only for the less informed public. The senators and representatives know that the immigration policy, that they helped to craft, could care less about family ties. What a load of crap.
__________________
Be Active and Help Yourself!
Join the GA State Chapter!

$$$ Contributions:
$560 in one time contributions
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Returning to India munnu77 Travel out of country and re-entry during/after 485 filing 4 02-15-2010 08:07 PM
Pros and Cons of Returning to India Blog Feeds Recent Blogs 0 06-05-2009 02:20 PM
Is there any POE issue for a H1 B Employee returning after Vacation from India to US krupa Non-Immigrant Visa 2 03-24-2009 04:57 PM
Returning back to my country (India) BondJ All other Green Card Issues 3 03-16-2007 04:08 PM
Returning from India with 2 months H4 validity YesGC_NoGC Backlog Processing Center 4 09-08-2006 08:38 PM



All times are GMT -4. The time now is 09:56 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org