Return to India

[AM_VC]

Me and my husband both are working on H1B visas in the US. Our green card process is also underway in EB3 catergory with PD of March 2003. We got our EADs last year. The H1B is valid till June 2011.

Due to various reasons we have decided to move back to India in a couple of months. Below are my questions -
1. Will are GC process still continue if we leave the US?
2. Do we have to apply for AP?
3. Once the GC is done, can we still use it?
4. Does the USCIS automatically cancel the GC application if we leave the country with getting AP?
5. Even if we apply for AP before leaving, and the GC does not come with the time the AP is valid (AP is usually given for a year), then what happens to the GC application?

Any reponses will be highly appreciated. Thanks !

[txh1b]

1. AOS is for people that are in the US. If you want GC to continue, you should pursue the CP option. If you leave US, it is considered abandoned if you do not return before AP expires or away for prolonged periods.
2. What is your intent? If you are moving back, it doesn't help.
3. What do you mean by use it? You have to be in the US and pay taxes to be considered a PR.
4. Your 485 is considered void if USCIS finds out you have left without AP.
5. AP is for short visits and returns.