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banker9

Advice Required for an Atypical Case

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Hello 

i have been in the USA over 15 years. Have 3 Masters including MBA from USA

I had utilized all 6 yrs on h1b earlier and was working on H4 EAD 2015-2017 when I went through a non contested divorce. Wife refused to file for my H4 EAD extension while divorce was ongoing 

I applied for regular Eb1a and concurrent 485 in Nov 2017. Got EAD combo card in March 2018 valid for 1 yr. Divorce was finalized in May 2018 
Fearing a potential negative outcome with Eb1a as its always a high threshold and my case went to Nebraska. I asked my bank to shift me to London which they did in June 2018 and under no circumstances will shift me back without having worked here at least 2 yrs or so. At no time was I out of status in USA in the last 15 years. 

Currently I have the valid AP+EAD and in London. Now got Eb1a approval (end August 2018). 485 will probably still take over 1 yr potentially. I have been in London since late May 2018

In this situation what should I do? Quit my role and just go back jobless to USA? I have heard that staying out too long is dangerous. Bank wont shift me back for now and finding a good enough role will potentially take months as hiring currently frozen in my industry potentially for atleast 6 months more and I do need the money from the work. Also i do wish to settle back in USA long term 

I have heard that 824 is longer and more risky as well. 

Queries are-

1) If I travel back for good in Dec 2018, can they say at port of entry that you have been away for 6 months and hence no entry now as you had abandoned US? 

2) If I am able to enter and will have to start looking for a new job, the present EAD will expire in March 2019 and the new one will probably not arrive till middle of 2019 due to present delays. In this scenario, can I keep working if I find a job as there is a rule that if I file before expiration then the filing itself extends the work permit by 180 days. However i wont be able to travel, as I understand, because I will be waiting for the AP

Can knowledgeable people give their opinion on my case? 

Many Thanks

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EB1A implies no job offer and FYI Consular Processing is fool proof.

1. Have you not realized that AP lets you return? 

2. Assuming you got the EB1 not requiring a sponsor, spend 2 years in London and get Consular processing done by utilizing say the firm of Murthy or any of your choice. 2 years in London beats staying in any other country. What is the reason you are desperate to return soon?

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On 9/3/2018 at 12:07 PM, banker9 said:

I have heard that 824 is longer and more risky as well.

You heard wrong. If the paperwork is in order and there is no fraud, Consular Processing is way safer than AOS. Some lawyers just don't like it because it is out of their control, so they badmouth it a bit. Just make sure that your case is legit, and there are no issues.

Disclosure: I did CP. It took 5 minutes with the consular officer to get my approval.

Edited by JoeF

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