RFE on I-485, currently overseas, AP expired

[cvamurthy]

Hello,

 

I just received a RFE email , deadline dec 2017, on my I-485 application. I am currently overseas, in my home country. My AP expired while I was overseas more than 3 years ago. I have not been in the USA since 2013.

I had not cancelled my I-485 application. I'd like to return to USA for Visits  or work on H1-B at some future point in time.

what can I do to preserve my application?

If I can't preserve it, what can I do to get B1/B2.  Am I ineligible at this point in time?

Does having an abandoned I-485 impact future H1-B -- ie 4 years down the line?

 

Thanks in advance!

 

[directory0818]

what can I do to preserve my application? -> You could have converted your aos to counselor process. Not sure whether its possible now.

If I can't preserve it, what can I do to get B1/B2.  Am I ineligible at this point in time? -> You could get B1/B2 at any time.

Does having an abandoned I-485 impact future H1-B -- ie 4 years down the line? -> No, abandoned I 485 should have 0 impact on H1b

[JoeF]

It is unlikely that you could get a B1/B2, because that doesn't allow immigration intent.

The I-485 is considered abandoned, because you don't have a valid AP.

For CP, you'd have to file an I-824 (I think that's the form), and the job from the employer who filed the I-140 still has to be available (changing employers doesn't work for CP.)

You can get an H1, of course. The H1 allows immigration intent.

[cvamurthy]

Thanks JoeF, 

I have follow on questions:

If I don't respond to the RFE within the deadline - DEC 2017, would my application be considered abandoned or suspended pending response? Is it possible to say, apply for a H1 in a couple of years and reclaim the existing I-485, after responding to the RFE then?

Also, if I have voluntarily abandoned the I-485, is it impossible to get a B1/B2? I am not very interested in immigrating at this point, I have US citizen kids, and if they were to reside in the USA at a future time [ 5 - 6 years down the line], I'd like to be able to visit /check on them in the USA. Even a future H1 application will be sought for solely that purpose.

 

Thanks in advance..

 

 

 

[JoeF]

The I-485 is already abandoned, USCIS just doesn't know yet that you are abroad. If you don't reply, it would just get denied.

It is not possible to "reclaim" or reactivate it.

As for a B visa, there is a question on the form, was an immigrant petition EVER filed for you? The I-140 is an immigrant petition. You would have to convince the consular officer that you don't have immigration intent anymore. Once an I-140 has been filed, it is very very hard to get a non-immigrant visa other than an H1 or L1, which allow immigration intent.

Although it doesn't apply to you, I want to mention that people who have a GC and don't want to stay in the US anymore can surrender the GC which makes getting a visitor visa much easier.

Such a process doesn't exist in your case, but withdrawing the I-485 instead of just not answering the RFE could be seen as evidence that you actively took steps to not immigrate, which could help getting a visitor visa.

And an H1 is for working in the US, not visiting one's children (it is of course possible to get a job close to where the children live.)

 

[directory0818]

If I don't respond to the RFE within the deadline - DEC 2017, would my application be considered abandoned or suspended pending response? -> If you do not respond to rfe your application is abandoned.

Is it possible to say, apply for a H1 in a couple of years and reclaim the existing I-485, after responding to the RFE then? -> You can get h1 but its infeasible to respond to an abandoned I 485.