can i be outside for a year or two - consular processing

[vendy9999]

i am planning to be in india for the next 1 yr to get some surgery done.

if i date becomes current during this period, can i just come to US ,file my i485 and go back..i would like to avoid consullar processing..

my employer is fine with tht and i will be supporting some of the project working from india..

also - do you know why people avoid consular processing..is it because the rejections are high?

[Belle]

Actually, denials are not high for CP. One of the reasons people avoid it is inconvenience and inability to work in the US while it is pending. Your PD may not become current for a long time or it may become suddenly current, in which case you may have to rush for an interview... and then it may retrogress again. If you are fairly certain the date will become current, CP is a good option for you. Alternatively, you may file I-485 and leave the US, assuming you have H1 visa. Or just wait until your health is better, and then file when you are back in the US. Not sure getting a green card 6 months earlier is worth traveling back and forth.

[vendy9999]

thanks belle

that was very helpful..

so, if my pd becomes currnet, i just want to come,file my i485 and then go back ..is that what you are saying?

also, do i need to be here in US for finger printing as well ? if i know,what are all the process required to file my i485, then i coudl plan my stay period, to be here in US.

pls advise

[Belle]

Yes, you must be in the US for fingerprinting. The notice usually comes 4-8 weeks after you file I-485. You can generally reschedule the appointment, in case you need to travel again. It just seems to me that this is too much trouble over nothing. If the job is stable, you should consider filing when you are back in the country and don't have to travel any more.