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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 10-14-2013, 12:06 PM
Member
Priority Date
:
Mar-03
Category
:
EB3
I140 Mailed Date
:
07/23/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/23/2007
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Join Date: Feb 2007
Posts: 93
go_getter007 is just really nice go_getter007 is just really nice go_getter007 is just really nice go_getter007 is just really nice
Default Green Card Received in the US while I'm in India

Dear All,

Here is a brief summary of my case. I wanted to know whether it is possible for me to enter the US with my Green Card.

- Came to the US in 1998 on F1 visa
- Worked from 2000 to 2009 on H-1B visa
- Got my 140 approved in late 2008
- Due to personal reasons, I had to relocate to India in early 2009 - leaving my 485 status as pending
- To my surprise, last week, I got my 485 approved (welcome notice) and the green cards have been mailed at my US mailing address (family friend's address)!

Is it possible for me to re-enter the US with my Green Card, welcome notice and Indian passport?!

Do I need any other documents (than Green Card, welcome notice and Passport)?

If I make it that far, what are some of the likely questions at the port of entry?

Thanks much.

go_getter007
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  #2 (permalink)  
Old 10-14-2013, 08:16 PM
Senior Member
Priority Date
:
Mar-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/06/2012
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Join Date: Dec 2007
Posts: 886
krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute
Default

Please consult an Attorney. As I understand , your 485 is considered abandoned since you travelled out of US without AP or H1/L1 . This was probably approved in error.

However, if you are still working for the same employer who filed your 140, you can consider filing a Immigrant visa petition (Consular processing) using the approved 140 and a letter from your employer.
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  #3 (permalink)  
Old 10-15-2013, 12:44 PM
Member
Priority Date
:
Mar-03
Category
:
EB3
I140 Mailed Date
:
07/23/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/23/2007
Compare
Join Date: Feb 2007
Posts: 93
go_getter007 is just really nice go_getter007 is just really nice go_getter007 is just really nice go_getter007 is just really nice
Default Thanks

Yeah, I'll talk to an attorney. Thanks.

When I left in 2009, I DID have a valid AP. I didn't get it renewed since I was/am in India. So, I don't have a valid AP now.

GG_007
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  #4 (permalink)  
Old 10-15-2013, 01:52 PM
Senior Member
Priority Date
:
Nov-10
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2013
Posts: 133
AceMan is a splendid one to behold AceMan is a splendid one to behold AceMan is a splendid one to behold AceMan is a splendid one to behold AceMan is a splendid one to behold AceMan is a splendid one to behold AceMan is a splendid one to behold
Default Fly to Toronto, drive to Niagara

Quote:
Originally Posted by go_getter007 View Post
Yeah, I'll talk to an attorney. Thanks.

When I left in 2009, I DID have a valid AP. I didn't get it renewed since I was/am in India. So, I don't have a valid AP now.

GG_007
You got your GC, even though you had abandoned your quest for the same. But looks like you want to try using it to come to US.
As a law abiding person you are supposed to notify USCIS of the mistake and return your GC.

I also know that it is very easy to preach.

If you have no intention to return the GC which you believe is rightfully yours, fly to Toronto from India, drive to Niagara and come to US via road. You stand a better chance to get into the country.
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  #5 (permalink)  
Old 10-15-2013, 02:02 PM
Senior Member
Priority Date
:
Nov-10
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2013
Posts: 133
AceMan is a splendid one to behold AceMan is a splendid one to behold AceMan is a splendid one to behold AceMan is a splendid one to behold AceMan is a splendid one to behold AceMan is a splendid one to behold AceMan is a splendid one to behold
Default Additional Info from USCIS

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas at Welcome to Travel.State.Gov. This information is listed under its Visa section for immigrants.
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