Keeping GC application Active while Outside US

[snrn]

Hi,

I was arranging for my move back to India for 2 years with my current employer when the Oct bulleting was published. My PD is June 2010 on EB2, I'm currently on H1 beyond 6 years.

If the date for final action becomes current for my application when I'm outside US, I understand I can go for Consular Processing for green card if my employer helps.

1. Would my GC application and I-140 expire after a certain time if I don't go for CP or not able to come back to US within a year or so?

2. Is there a way to keep my GC application active for a while while working in India when PD goes current (that way I believe I can get H1 out of cap based on old i-140)?

3. If PD becomes current for my date but regresses later, is there an impact to the 'expiration' date for my GC application?

Thanks in advance.

[snrn]

After my research, these are the answers to my questions I believe. Please correct or add to this if needed:

1. One can apply for CP within a year of GC date becoming current for 'final action' beyond which NVC could probably put a request to USCIS to revoke (if that's the term) the I-140. However, this may or may not happen, and the I-140 may still be active for AOS beyond the 1-year period but not don't think one qualifies for CP beyond that. No authentic information here since opinions from a couple of attorneys seem to differ.

2. Same as above

 

 

I have a new question if someone could help reply:

- Is there value in applying for EAD but not AP, and then relocating to India? The EAD may expire eventually but does it help in anyway for re-entry or if final action date becomes current when I'm living outside US?

 

Thanks!

[snrn]

Hi,

Anybody has any opinions or knowledge on this? I'm also wondering if not renewing EAD may render the GC-application/i-140 invalid.

[pontevecchio]

""if the alien fails to apply for an immigrant visa within one year after the Packet 4 letter is mailed, the consulate will cancel the applicant's visa number registration and the petition will be revoked. If this occurs, the alien can still have the visa registration and petition reinstated within two years following the date of notification of the availability of such visa, if he or she establishes that the default was due to circumstances beyond the alien's control.""

 

EAD has no connection to your GC application. 

With CP, the process is very fast taking months as long as CP has been chosen .

[snrn]

Thanks for the response!

I just read up a little bit on the Packet system. My I-140 was filed for Adjustment of Status. I believe I will have to file I-824 to port my i-140 for Consular processing.

 

A couple of more questions:

- Would NVC send me Packet 3 only after filing i-824, or do they find my foreign address from AR-11 that I may file on my move outside US?

- Can I delay filing i-824 or responding to Packet 3 if I'm not ready for Consular Processing (if I'm waiting for marriage, or employer needs me to wait for position to open up etc.)? I'm looking to avoid the one year expiration time after Packet 4.

- Is Consular Processing more risky than Adjustment of Status, since an attorney may not accompany me for Consular Processing interview. I'm an applicant from India. I know it depends, but I'm looking for opinions.

 

Would appreciate your inputs. Thanks in advance!