what happens to I-485 if we go to India

[Pra112]

Hi,

 

i have EAD and my GC interview was also done(EB1), waiting for my priority date to become current.

what happens to I-485 if we go to India in this situation?

[care_candidate]

If you have valid AP along with EAD, there is no issue.

[Pra112]

what happens if i travel to India for long time (6 months) and AP got expired.

will my I-485 application becomes void?

Thanks!!

[newacct]

3 hours ago, Pra112 said:

what happens if i travel to India for long time (6 months) and AP got expired.

will my I-485 application becomes void?

Thanks!!

If you had H or L work status right before you leave the US, and you return to the US on the same type of visa, your I-485 is not abandoned. Otherwise, if you don't return on AP, your I-485 is abandoned.

[Pra112]

@newacct

i have valid EAD & AP till Dec 2019. In my situation my company might ask me to go back to India as there are no projects.

if my GC got approved while i am in India, how will it get it and how to return back to USA with it?

Thanks!!

[Pra112]

Can anyone help me with above question?

Thanks!!

[my2239]

If you applied for AOS (I 485)  and leave the US before an approved AP or leave the US and allow the AP to expire before return, you have abandoned the I 485 (Just my opinion)

Your H1, L1 if still valid may help you return but the more advantageous Green Card application may be considered abandoned

Here are a few things that I would prefer to do if I were you:

1) File a petition to convert your case to  to Consular processing

This way you can stay abroad for whatever time you want and be processed at consulate abroad (your home country)

This way there is no risk of abandoning I 485 because of AP getting expired

2) Alternatively, you can always come back for a short duration on AP while it is still valid and while in USA, apply for an AP extension or rather a new one and wait for it to be approved, and when ready, you could go back to your home country

During this entire exercise while it may help to be employed, it is ok if you are not as you are considered to be in (I 485 applied and waiting for approval status) of course all this is if you do not let your AP expire. During this period you could also use your EAD to work for any job you like or not work at all if you can manage that.