Can I leave US while waiting for my priority date to become current, and come back at a later date?

[rahul12345]

Hello,

 

My GC process was initiated in EB2 category in Oct 2017, and I-140 was approved in April 2018. I am waiting for my priority date to become current to file the 485. Can I leave US for better job aboard and then come back sometime before my priority date becomes current? What is the procedure to do that? Do I need to file any paperwork with USCIS telling them that I am leaving the country temporarily and not giving up on my intent for GC? What is the process to travel abroad without disrupting the GC process? 

[adshah84]

Yes you can. No need to intimate USCIS. When you PD will be current you will need employer who can file I485 and it should be the employer who is holding your I140. 

[gopalakrishnach]

Can I leave US for better job aboard and then come back sometime before my priority date becomes current?  -- Yes.

What is the procedure to do that? - Contact Immigration attorney.

Do I need to file any paperwork with USCIS telling them that I am leaving the country temporarily and not giving up on my intent for GC? - Your employer will let USCIS know and revoke H1B. Contact Immigration attorney.

What is the process to travel abroad without disrupting the GC process?  Contact Immigration attorney.

 

[User099]

No need to file anything to maintain the PD. Your employer should be willing to hold the job offer for your till the PD is current. If not, new employer will have to start the GC process again and maintain the PD. 

[cap-gap]

NO .. you can’t!!

. bcz 485 is for someone in the US in an NIV status..if you are outside US, you have to go for consular processing..

[rahul12345]

Thank you all for your advice. The problem I see is getting an employer just before the PD and convincing them to file the GC process again. I am in oil industry, and it will be difficult to convince anyone to do the workaround for me. 

I will also talk to an attorney to see if there is any other way.