Consequences of returning to India for good during pending I-485

[Mani Obla]

Hello,

I am on H1B since 15 years with US citizen children.
My I-485 was filed in June 2023 (priority date was current when filed but now has retrogressed).
I am looking to return to India for good due to family reasons

I would like to ensure my departure is proper and does not jeopardize any future US visits (US visa or family GC when children >18 yrs)

1. How should I proceed ?
2. Will I be subject to exit tax on my US assets even though I dont have my GC/Citizenship and only on pending AOS ?

Thanks
Mani

[Attorney_16]

You should discuss your specific situation with a qualified immigration attorney.  You could switch the process to Consular Processing to take care of any family issues that arise and still be able to get the Immigrant Visa in the future.  For any tax questions, you should speak to a CPA or qualified tax professional.