PD current but not in USA

[amits2162]

MY PD is current and got a RFE today at my US address. . BUT I left USA 2 years ago. I am in india since then. Just wondering what is the best option for me.

1) Should I write to them and cancel my GC application.

2) Do not do anything.

3) ?

I just want to retain my PD for future GC application. I was in EB2.

[lawabider101]

What do you mean by RFE? Is your I-140 approved?

Didn't your employer revoke your GC process?

[amits2162]

ya 140 approved and not revoked.

had ead and ap in year 2009.

so do i get to keep my PD or not.

[Belle]

If your I-140 has not been revoked for fraud, you will keep your PD.

[my2239]

First things first, you have to respond to the RFE satisfactorily

Then two possibilities arise:

1) The RFE response is accepted

That means your GC may be approved whenever your priority date is current The fact that you remain out of the country is not of any consequence

It is not clear if you already filed 485

If you did and you left the country then you will need an AP (valid, unexpired) to prove you did not abandon your 485 application. Even if your AP is expired, you need to have an unexpired, approved H1 or L1 petition to be able to use it for stamping a visa to come back

In case your 485 application was abandoned due to lack of an unexpired , approved AP or H1/L1, you can always file a new one or even opt for consular processing where you can continue in India until your hear from USCIS/DOS

2) The RFE response is not accepted

In this case, your 485 application is automatically deemed to be canceled

The fact that you have an approved I 140 may be used for future retaining of priority date provided the same employer is willing to employ you and you refile your 485 or consular process your case.

However in the event that your I 140 itself is deemed rejected, you have to start allover again (H1 - Labor approval - I 140-485/CP)

Hope this helps

All the best

[habeebulla]

Seems like you are not interested anymore in GC. Then do nothing. Some other applicant in line will get the turn.

[amits2162]

Thank you all for your replies. I think i should have been more clear in my question.

I applied for my 485 also. My Ap and EAD expired as I am in india for two years now. My emploer who filed my GC not interested in my eployment any more but also did not revoke I140 ir GC. Now that priprity date is current I got a final RFE maybe about proving that i still have a job offer or not.

But I donot have one.

Actually I was not looking for GC this time but hopefully if after 2 yaers I start everything again with new employer like labour etc can I still use my this PD.

I think I can from ur answers.

Can I still get this GC!!

[Jignesh1972]

You cannot drink milk and yogurt at a same time. Do you!