I-140 approved, RFE for I-485 while outside US, what are my options?

[boomjosh2007]

My I-140 (EB1C) and I-485 were filed concurrently. My I-140 got approved in first week of September and I got a RFE for I-485 few days back, I think the rfe might be related to medical reports (not yet received the rfe to my address) since my medical reports are more than a year old. I am not in the US currently and would like to know my options. I might not be able to move to US at least for a year or so because of some personal issues. What is the right course of action in this case? Since my I-140 is in EB1C which is current for most of the time, can I withdraw my I-485, I-131 and I-765 and apply for it once I am able to move back to US? 

Any advice on this will be highly appreciated. 

Thanks

[boomjosh2007]

can anybody please help on this?

[pontevecchio]

I can only repeat

 

"Your AOS is deemed abandoned if you left without AP. You need to have the case converted to Consular Processing. Since you have time get the lawyer involved and do the paperwork. It is also possible that you return in say H1 or L1 status and then file for AOS assuming dates remain current. I take it the job is available to you on an ongoing basis. "

The AOS is automatically abandoned since you left without AP. AOS is irrelevant abroad. You can return in H1 or L1 status and resume AOS by refiling the whole set of papers or you can convert to CP.  It is entirely up to your employer/ GC Sponsor as to how they want to deal with it.

[boomjosh2007]

Thanks man really appreciate your response.

I am working with the same employer in their India office and unless there are lay-offs or I decide to leave I think the job is available on an on-going basis, keeping my fingers crossed on that.

Though I already have AP till 2017 I am more inclined towards refiling the AOS once back in US, need to add my spouse. Good thing is my H1 is valid till July 2019.

Any idea how much time it takes for my case to get transferred to NVC and finally to Mumbai consulate, in short what's the total time for me to get the GC stamp if I go the consular processing route?

Either ways - consular processing or refiling of AOS is it a good idea to involve the lawyer?

Please advice.

[Skillmg]

On 10/14/2016 at 9:27 AM, pontevecchio said:

I can only repeat

 

"Your AOS is deemed abandoned if you left without AP. You need to have the case converted to Consular Processing. Since you have time get the lawyer involved and do the paperwork. It is also possible that you return in say H1 or L1 status and then file for AOS assuming dates remain current. I take it the job is available to you on an ongoing basis. "

The AOS is automatically abandoned since you left without AP. AOS is irrelevant abroad. You can return in H1 or L1 status and resume AOS by refiling the whole set of papers or you can convert to CP.  It is entirely up to your employer/ GC Sponsor as to how they want to deal with it.

Hi, I was reading this post and you had mentioned that the I 485 application is considered abandoned if you travel without AP. Does that apply to L1A ? I thought some categories were exempt from the AP rule including L1A. Please confirm is that is not true. My company filedI140 and I 485 concurrently in december 2016 and my existing L1A visa expires on 30 June. My lawyers are okay with me travelling anytime outside the US before 30 June to get a renewal done. I was thinking of going earlier to avoid any problems towards the end of the visa. However I have not yet received my AP which will take more time given the current processing time. What is your view on what should be done?

[JoeF]

You can travel abroad if you have an approved AP or a valid H1, H4, L1, L2.

[pontevecchio]

Either way I would always keep a Lawyer in the loop.

 

To the other poster, as was mentioned in my reply it is possible to return in H1 or L1 status.