AoS/Pending I485 - Return to India

[Piyush Karwa]

Hi Everyone,

Looking for help. Both me and my wife have pending I485. I am planning to move back to India and my wife will follow in a few months. Her GC application was piggybacked on mine during filing.
Question -
If I move back first does she go out of status or she can continue working her for a bit? If so, how long can she continue for? Is there a time limit?

Thank You!

[pontevecchio]

Based on a pending AOS, I suspect she can stay and work here.

What exactly is your plan. Are you giving up on US Immigration. 

You may be able to change to CP if the job will be available.

If it is not so clear cut, you may like to make a consult with an Immigration Lawyer to give you potential suggestions.

[newacct]

Are you going to abandon your I-485, or are you leaving on an approved Advance Parole?

If your I-485 is abandoned or denied, then hers will be denied also, if she is immigrating as your derivative beneficiary.

Edited September 10 by newacct

[Piyush Karwa]

How can I move my application to consular processing? Can I do it myself or need help from immigration attorneys? Thanks! 

[pontevecchio]

CP is only possible if the original sponsor will still have the job for you.

[newacct]

22 hours ago, Piyush Karwa said:

How can I move my application to consular processing? Can I do it myself or need help from immigration attorneys? Thanks! 

To move to Consular Processing, if the I-140 is still pending, the I-140 petitioner (not you) would have to contact USCIS to change the pending I-140 to Consular Processing; if the I-140 has already been approved, the I-140 petitioner (not you) would have to file I-824 (selecting item 1.d in Part 2) to have them send the approved I-140 to NVC. The petitioning company needs to continue to offer to employ you after you immigrate in order for you to immigrate on that petition.

If you move to Consular Processing, your wife's I-485 will also be dead. She will either have to do Consular Processing too, or she will have to wait until you have finished Consular Processing and entered the US with your immigrant visa before she can do I-485 again (and only if she has not been out of status for 180 days by that time).

[JoeF]

7 hours ago, newacct said:

To move to Consular Processing, if the I-140 is still pending, the I-140 petitioner (not you) would have to contact USCIS to change the pending I-140 to Consular Processing; if the I-140 has already been approved, the I-140 petitioner (not you) would have to file I-824 (selecting item 1.d in Part 2) to have them send the approved I-140 to NVC. The petitioning company needs to continue to offer to employ you after you immigrate in order for you to immigrate on that petition.

If you move to Consular Processing, your wife's I-485 will also be dead. She will either have to do Consular Processing too, or she will have to wait until you have finished Consular Processing and entered the US with your immigrant visa before she can do I-485 again (and only if she has not been out of status for 180 days by that time).

If the I-140 is approved, the beneficiary can file an I-824 to act on an approved I-140 petition, to change to CP.

[newacct]

15 hours ago, JoeF said:

If the I-140 is approved, the beneficiary can file an I-824 to act on an approved I-140 petition, to change to CP.

Really? I-824 instructions, page 4, says:

Quote

Only the petitioner of the previously approved immigrant visa petition may file Form I-824, if action in Part 2., Item
Number 1.d. or Item Number 1.e. is requested.

 

[JoeF]

On 9/12/2024 at 11:02 AM, newacct said:

Really? I-824 instructions, page 4, says:

 

Hmm, looks like they changed that. It used to be possible for the applicant to file for I-824.

[Piyush Karwa]

On 9/11/2024 at 8:43 PM, JoeF said:

If the I-140 is approved, the beneficiary can file an I-824 to act on an approved I-140 petition, to change to CP.

Unfortunately, I have lost my job 3 weeks ago as I was laid off. I am looking for jobs at the moment. Also, I am not and will not work for my previous employer who filed my I-140. Which means based on information you shared CP is not an option in my case. 

[Piyush Karwa]

On 9/10/2024 at 11:44 AM, newacct said:

Are you going to abandon your I-485, or are you leaving on an approved Advance Parole?

If your I-485 is abandoned or denied, then hers will be denied also, if she is immigrating as your derivative beneficiary.

Yes, I plan to cancel my I-485 and return to India permanently in present scenario. I have approved EAD and AP. However, as I lost my job 3 weeks ago I am still looking for one. My question is does USCIS automatically cancel my application as I have left the country and that impacts my wifes application too? Or they will not cancel it unless I contact them and request to do so?