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2 year assignment abroad while AOS pending

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Hi All,

I have a question about my situation:

I filed my I-485 in Jan 2012 (EB2 - India, PD Oct 2008) and my wife is a derivative beneficiary.

We both received our EAD/AP cards in February and have completed our fingerprinting.

My wife now has a potential opportunity to work in europe for the next 1-2 years. It is a possibility that my current employer (who filed for my GC) might be willing to still let me work for them from Europe. If this happens and we both move to europe temporarily for the next 2 years, is it ok that we are out of country while our AOS application is still pending? We definitely plan to return to the US so I don't want to do anything to jeopardize our GC application.

Also, if I am still working for my current employer from Europe, I will have to travel back to the US every few months for a few days - can I enter using my EAD/AP card or will I have issues getting in?

My employer is a relatively small company and I am the only foreign employee, which is why I am asking these questions so both my employer and I can make an informed decision before we decide anything.

Any input will be greatly appreciated.


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Basically, you have two options. First, renew APs until your green card is approved. After approval, you are supposed to be working for the employer in the US, but you may try to have temporary arrangements. The alternative is that you withdraw your I-485s, and the employer files for consular processing, which you will take on when your wife's assignment is close to conclusion. You should also take into account possible retrogression (not sure, if you will be impacted), since it makes your AP option more convenient. Get a consultation with a lawyer to understand your options of living abroad before and after getting the green card.

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forget it and stay here.

Why? Because of the green card? Well, that's putting the horse in front of the card, in my opinion.

My advice is to go and enjoy yourselves. Travel Europe. See places. Take a good advantage of those two years. You will never regret it.

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rnat...did u end up going to europe? if so, did u go with consular processing or aos? wud luv an update since we are facing a very similar situation.

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