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Hi,
I am eligible to File for I-485 based on this month's visa bulletin (Priority Date - DEC 2010). As per my understanding, I can apply for EAD and Advance Parole (AP) along with I-485 petition. I might get EAD and AP in 3-4 months but I-485 will be in pending status and will be approved based on Approval Cut-off date (Currently EB2 Approval cut-off date is in year 2005). My I-485 application approval might take more time (may be 2 or 3 years).
I have few questions on I-485 process. Can you please clarify? For my questions, let us assume that I am going to apply for I-485 now and I will get my EAD & AP in 3-4 months and will take 4 years to get the I-485 approval.
i) If I have to go back to my home country for few years (like 2 or 3 years) for some reason while my I-485 application is pending approval status, will my I-485 application still be active?
ii) If my I-485 application is still active, will I be able to come back to US at any time or do I need to wait for I-485 application to be approved?
iii) If I apply for I-485 as Change of Adjustment now, can I change it to Consular processing if I have to go back for few years?
iv) My wife has an approved I-140 application (both of us work for the same employer and have I-140 approved petitions with the same employer) and her EB2 priority date is NOT older than current Filing cut-off date. If I apply for I-485 application for both my wife and me jointly now, what will happen to her I-140 application? Is it still going to be active even if she applied I-485 with me?
v) If we both go back to home country for few years while I-485 is still pending and if our I-485 is no longer going to be valid, can we both reapply for I-485 with consular processing using my wife's I-140 petition to come back to US?
vi) Will her I-140 petition be canceled if she gets green card through my I-485?
vii) If we both go back to home country after I-485 is approved (after 4 years) and we do not renter US for few years, my understanding is that our Green card might be canceled. In this scenario, can we reapply for I-485 with my wife's I-140 petition to come back to US?
vi) If we go back to home country after I-485 is approved, how long can we stay outside of US so that the permanent status is not impacted? Is it enough just to stay for some days and go outside US to retain the permanent resident status or do I need to have a job in US? If just a stay is sufficient, how long do I need to stay in US each year.
vii) If we both apply for I-485 and once we get EAD, can my wife change employer using EAD? If so, what will happen to her I-140 application? Can it be retained by the current employer so that it can be used later if we want to go out of US for some years and come back later?
Thank you in Advance.
I am eligible to File for I-485 based on this month's visa bulletin (Priority Date - DEC 2010). As per my understanding, I can apply for EAD and Advance Parole (AP) along with I-485 petition. I might get EAD and AP in 3-4 months but I-485 will be in pending status and will be approved based on Approval Cut-off date (Currently EB2 Approval cut-off date is in year 2005). My I-485 application approval might take more time (may be 2 or 3 years).
I have few questions on I-485 process. Can you please clarify? For my questions, let us assume that I am going to apply for I-485 now and I will get my EAD & AP in 3-4 months and will take 4 years to get the I-485 approval.
i) If I have to go back to my home country for few years (like 2 or 3 years) for some reason while my I-485 application is pending approval status, will my I-485 application still be active?
ii) If my I-485 application is still active, will I be able to come back to US at any time or do I need to wait for I-485 application to be approved?
iii) If I apply for I-485 as Change of Adjustment now, can I change it to Consular processing if I have to go back for few years?
iv) My wife has an approved I-140 application (both of us work for the same employer and have I-140 approved petitions with the same employer) and her EB2 priority date is NOT older than current Filing cut-off date. If I apply for I-485 application for both my wife and me jointly now, what will happen to her I-140 application? Is it still going to be active even if she applied I-485 with me?
v) If we both go back to home country for few years while I-485 is still pending and if our I-485 is no longer going to be valid, can we both reapply for I-485 with consular processing using my wife's I-140 petition to come back to US?
vi) Will her I-140 petition be canceled if she gets green card through my I-485?
vii) If we both go back to home country after I-485 is approved (after 4 years) and we do not renter US for few years, my understanding is that our Green card might be canceled. In this scenario, can we reapply for I-485 with my wife's I-140 petition to come back to US?
vi) If we go back to home country after I-485 is approved, how long can we stay outside of US so that the permanent status is not impacted? Is it enough just to stay for some days and go outside US to retain the permanent resident status or do I need to have a job in US? If just a stay is sufficient, how long do I need to stay in US each year.
vii) If we both apply for I-485 and once we get EAD, can my wife change employer using EAD? If so, what will happen to her I-140 application? Can it be retained by the current employer so that it can be used later if we want to go out of US for some years and come back later?
Thank you in Advance.
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