Staying in home country before/after GC


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Hi,

I’m staying on H1 visa and also have valid EAD for one more year. My priority date moved to Current, but I have plans to move to my home country & come back after 1 year. I dont think its good to stay out of the country for this prolonged time after getting a GC. So I’m thinking to move to my home country & come back before my visa/EAD expires and then go with 485 for the change of status. Pls. let me know my options.

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1. You can use Advance Parole to stay out of the country while awaiting AOS. The EAD is irrelevant.

2. You can get a Re-entry permit after getting the GC which will let you stay away till its validity.

 

These are your logical choices. 

You could also change to Consular Processing if you are still working for the GC sponsor.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Thanks pontevecchio. I just found that I already filed I485 (almost forgot, since I filed 10 yrs ago). Thats how I got the EAD/AP card and renew those since then. But the 485 case status says "Fingerprint Fee Was Received", though I finished my biometrics 10 yrs ago. I suspect I didn't file the address change (AR11) for this case, that I didn't receive RFE for the medicals (medicals was taken 10 yrs ago as well)

But I just filed the address change online two days ago. Since my priority date will be current by Apr2021, will they send me an RFE to the new address? 

I think the medical will the only pending. I couldnt get hold of a human in USCIS customer service either.

Edited by shek2u
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