GC Pending, on EAD/AP, How long can I be out of the country?

[apimple2002]

I am waiting for GC, currently on EAD/AP with PD May 2009. I want to go to India for couple of years. I am trying to understand my options. I may be able to keep my employment with US employer but that's not guaranteed. Will I be able to keep my GC claim? What are my risks?

[pontevecchio]

EB2 or EB3?

[apimple2002]

Eb2

[pontevecchio]

Your PD should possibly take an year and a half to be current. You can use AP to leave and return. Is your job for which the GC was filed available now and are you now working for that employer?

[apimple2002]

Thanks for the response. My current employer is not the same as my GC application. However; I have updated USCIS with my current employer information during an EVL response last year.

My concerns is the following scenario ...

If I leave the country for more than 3-4 months and my employment in US is terminated, can I be asked for employment letter at the point of entry? and if I can't produce it, will my GC process and AP be terminated?

Has anyone heard of any cases of someone on AP returned after more than 6 months and had any issues? If more documents were asked?

 

[pontevecchio]

You will not be asked for an employment letter when you return using AP. They may ask you to attend another Interview at the local Office or send you a RFE asking for proof of current employment or a job offer corresponding to AC21, if at all.  Keep a lawyer in the loop.

[apimple2002]

Thank you for the information. I have asked this to my lawyer as well. She said if you stay beyond 6 months, the CBP officer can ask you for more proofs of continued employment and reason for the long stay out of the country. Usually they won't but they can start cancellation of your GC process if they are not convinced.

I thought the response was a very cautious lawyer's response so I wanted to see if someone has actually been through something like this.

[yogeshda]

Q: will the gap of staying out of country for 3.5 years while 485 is pending, returning to US on valid visa and reactivating EAD/AP on pending 485 after return make any negative impact to the case?

My Case:
June 2000-June 2010 – H1B with same employer
June 2010-Nov 2010 – worked on EAD with same employer
2007 – I140 approved (EB3)
2007 – 485 applied and pending till date
2008 – 2012 EAD and AP
Nov 2010 – Went to home country India with valid AP and EAD
Nov 2010-May 2014 -Stayed in home country India due to ailing parents
2012 – Dec 2014 – meanwhile AP and EAD got expired while out of US
May 2014 – returned to US on L1 visa with different employer
Dec 2014 – Reactivated EAD and AP based on pending 485
Nov 2016 – Quit L1 sponsoring employer
Nov 2016 – Joined another employer on EAD
May 2017 – 485 PD Current
June 2017 – responded to RFE for Medicals, 485 supplement J and Empl. verification letter
July – 2017 Got second RFE. (Yet to receive physical copy)

Thank you.

Pl. respond and help me.

[dnivra]

10 hours ago, yogeshda said:

Q: will the gap of staying out of country for 3.5 years while 485 is pending, returning to US on valid visa and reactivating EAD/AP on pending 485 after return make any negative impact to the case?

My Case:
June 2000-June 2010 – H1B with same employer
June 2010-Nov 2010 – worked on EAD with same employer
2007 – I140 approved (EB3)
2007 – 485 applied and pending till date
2008 – 2012 EAD and AP
Nov 2010 – Went to home country India with valid AP and EAD
Nov 2010-May 2014 -Stayed in home country India due to ailing parents
2012 – Dec 2014 – meanwhile AP and EAD got expired while out of US
May 2014 – returned to US on L1 visa with different employer
Dec 2014 – Reactivated EAD and AP based on pending 485
Nov 2016 – Quit L1 sponsoring employer
Nov 2016 – Joined another employer on EAD
May 2017 – 485 PD Current
June 2017 – responded to RFE for Medicals, 485 supplement J and Empl. verification letter
July – 2017 Got second RFE. (Yet to receive physical copy)

Thank you.

Pl. respond and help me.

9

I am in exactly the same boat and my PD is going to get current next month. Fingers crossed.  Could you please share what is in the second RFE once you get it.

[yogeshda]

On 7/14/2017 at 0:23 AM, dnivra said:

I am in exactly the same boat and my PD is going to get current next month. Fingers crossed.  Could you please share what is in the second RFE once you get it.

It is related to showing proof of continuous employment authorization from the day my H1B expired in June 2010 till date. 

I have a gap and that is a worry. 

 

[dnivra]

Your AOS petition will be abandoned if you are outside of US for a long time without a valid AP or an H1B  and come back to work for the same company.

Since your AP got expired and you did not have a valid H1; in your case, you also joined another employer while coming back.. your AOS is abandoned. The best way is to withdraw your I-485 and file another PERM, I-140 and I-485 for your new employer retaining your old priority date.

 

[directory0818]

This looks like USCIS style of working. Wake up after 10 yrs...make the priority date current and send RFE for each and every applicant. Its like dusting your old storage house for bugs, insects, etc...so that you filter/reject at least 50/100 applicants. Next, send 2nd/3rd RFE to the remaining 50 applicants. Goal of uscis is to not give gc to any applicant from the back logged category.

Finally there will be only 25 applicants who will get gc. So by keeping the I 485 application pending for more than 10yrs, uscis is actually clearing the back log automatically as its very very difficult to stay focused to the same job and location for such a long time.

[bodhi]

On 7/13/2017 at 9:23 PM, dnivra said:

I am in exactly the same boat and my PD is going to get current next month. Fingers crossed.  Could you please share what is in the second RFE once you get it.

Hi Dnivra:- What is the update on your situation??

[bodhi]

On 7/18/2017 at 9:13 PM, yogeshda said:

It is related to showing proof of continuous employment authorization from the day my H1B expired in June 2010 till date. 

I have a gap and that is a worry. 

 

Hi Yogeshda:- what was the outcome of your situation?