Delay I-485 Application

[Maheshkrshnn]

Is there a way to delay a I-485 application? my PD is Sep 08, applied I-485 and currently posses an EAD/AP card. I am planning on moving back to India in Dec 2013 and request consular processing. With impending EB2 movement, is there a way to halt or postpone the I-485 application if dates become current? Please suggest alternatives to avoid this interpretation as abandonment of GC process.

[shandan]

So tell me something, you are moving back to India, then why do you even care for a GC. Having a GC implies you would be living in US permanently as a resident, NOT in India.

 

So even if you convert your I-485 (which I am not sure is possible or not) to a CP, then also if you do not come back to US and start to live here, your GC will be invalidated.

[omshiv]

You cannot delay I-485..if you miss the deadline..then kiss your GC goodbye..moreover you can file for CP immediately when you land in India.

[Belle]

If you are trying to refile in CP, just withdraw as soon as the bulletin making you current comes out or when you leave the country. It will invalidate your EAD, but generally, there is no consequences if you are out of status (or overstay) for less than 180 days.

[tusharvk]

Is there a way to delay a I-485 application? my PD is Sep 08, applied I-485 and currently posses an EAD/AP card. I am planning on moving back to India in Dec 2013 and request consular processing. With impending EB2 movement, is there a way to halt or postpone the I-485 application if dates become current? Please suggest alternatives to avoid this interpretation as abandonment of GC process.

 

I think the other option to consider is to let the green card process go as usual and deal with your move back to India after you get your green card.

With september 08 priority date, you can find out if current in the august visa bulletin sometime this week.

[Maheshkrshnn]

^{Thank you all for the responses.}

 

^{Now with CP, can I resume the process in India say after a year if I have proof of future employment with the original LCA employer?}

[Belle]

If you have an offer from the employer who filed your LC/I-140, you can start with CP at any time. Talk to a lawyer on how to switch to CP. Your employer will have to file a form to switch.

[JoeF]

I think the other option to consider is to let the green card process go as usual and deal with your move back to India after you get your green card.

With september 08 priority date, you can find out if current in the august visa bulletin sometime this week.

If somebody who has a GC moves out of the US, then the GC would become invalid.

A GC requires the person to live in the US. All travel abroad has to be temporary in nature.