Extended stay outside US after GC is approved


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Posted

My GC was approved in 5th Nov'12... and I traveled to India on 30th Oct'12 (with AP card) ... In other words, my GC on EB-1 was approved after I traveled to India. Hence my GC is currently with my Friend in US.

Due to some reason, my stay in India is extended and I am planning to travel back sometime in Jan'2013 end... I have following questions:

1. Is it going to be a problem in any manner to enter US on Advance Parole in my situation ?

2. Will they abandon my GC due to extended stay outside US ?

3. Should I re-enter in US on AP or GC ? Note that my GC is with my friend in US, hence should I ask him to FedEx it to me ? Is it legal ?

4. Earlier I was on L1-B... and my L1-B extension is valid till Jun'2013. Can I go for L1-B stamping ? Am I even eligible for it since now my GC is approved ?

Thanks a lot.

Posted

1. No 2. Only stays more than one year away are a problem. 2 months is not. 3. You can enter on AP and tell the Officer that your GC was approved in the meantime. Stick to the ABSOLUTE truth. 4. L1 is not material to a GC holder. 5. If you choose you could discuss the matter with the firm of murthy as a matter of abundant Caution. There seems to be no issues.

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