485 Approved after being out of US for 1 year - Help!

[dudejah]

Guru's please help with the following situation. Labor PD: Dec 2002, Labor approved Feb 2005, I-140 approved May 2005, Filed I-485 (because of retrogation) in May 2006 for both me and wife . Got EAD's for both Dec 2006. Got laid off in Feb 2007 from sponsoring company (American company), was sure that the employer will cancel H1 and the whole GC process. Thus decided to return to home country (India) for good, because if employer withdraws both H1 and GC process then I would be left without status. Changed address to friends US address for USCIS records just to make sure that any communication from USCIS like employer withdrawal of H1, GC etc. does not get lost in the mail. Left US on April 24th 2007, have been in India since. But to my suprise on April 21st 2008 - I got the automated email from USCIS that 485 has been approved and the I-797 approval notice of action was received at my friends US address with a note that the plastic card should arrive within 30 days.
I have the following questions:
1) Is this GC valid? If so what about my wife's case?
2) Can it be used to enter the US and work and live there? Any problems at the POE?
3) Any other thoughts, comments, concerns?
4) If I decide to cancel the GC, how is that done?
5) If I cancel the GC will it have any effects on our future entry to the US or getting another GC in the future through my children who are US Citizens?

[PraetorianXI]

1) Is this GC valid? If so what about my wife's case? No. You left the USA for good without a valid AP document and your H1 was cancelled.
2) Can it be used to enter the US and work and live there? Any problems at the POE? It is not valid. Attempting to use it will only cause BIG problems (it would be fraud).
3) Any other thoughts, comments, concerns? Forget about it.
4) If I decide to cancel the GC, how is that done? Notify USCIS
5) If I cancel the GC will it have any effects on our future entry to the US or getting another GC in the future through my children who are US Citizens? None really, since employment based has nothing to do with family based. It will actually be a "good thing" since it will show you do not want to "fraud" the system.

[dudejah]

Thanks for the reply PraetorianXI. Apparently - the H1 was also not cancelled by the employer. So as it turns out the emloyer did not cancell the GC process nor did they cancel H1. Does your reply still remain the same PraetorianXI? Again appreciate the help.

[PraetorianXI]

H1 is cancelled when you got fired/quit.

[txh1b]

I think it is worth consulting a competent immigration attorney to see if the "Future Employment" clause can be used and if you have H1b period left, you could possibly return on H1b (you are not required to have AP if you intend to enter on H1b).

Talk to an attorney.

[dudejah]

Come to think of you the H1 is valid till May 2009 and I also had another H1 made through a friends company which is also valid till a similar date. I read on some forums that if one enters on H1 then it automatically cancels the GC. Thanks for the responses - I have setup a consultation with an attorney.

[txh1b]

Do post the outcome of your consultation. The entry on H1b was a what-if scenario that I was posting in lieu of you leaving without AP. For people that intend to return on H1b, No AP is needed.

Think of a scenario that a person on H1b goes out of the country on a long leave with the intention of returning later again on H1b (No AP needed as per the law) and meanwhile the GC gets approved.

I have some friends that have their GC processing going on in US while they are working in India. They believe they can come back after it is approved as it is for future employment. But they have CP while yours is AOS.