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Thanks txh1b! We really appreciate your help with our queries.
We have some followup questions.
some more details about our case-
Husband (primary GC applicant- EB3+ PD Mar 2005 ) - current status H1B
H1B - valid till June 2011 ( got approval notice, but no visa stamp based on that )
EAD - valid till Oct 2010
AP - valid till Feb 2009
Myself (dependent GC applicant) - current status H1B
H1B - valid till July 2009
EAD - valid till Oct 2010
AP - not applied yet
We are planning to move back to India by next month end ( Nov 2008 ). Though we have strong ties with India, we want to be pragmatic and keep the option of returning to US open (should the circumstances be such). So if we can,
we would like to have the GC process continue.
Below are our questions-
1. Will it help if we apply for AP and then leave for India?
2. If we want to return to US after July 2009 (my H1B expires by then)
If we don't have a GC by then,
a) Please confirm if my husband can use either H1B or AP if it is not expired ?
b) Please confirm if I can use either un-expired AP or apply and travel on H4 ? ( my H1b would have expired
by then ) .
c) What length of absence from US would be considered unreasonable, and would invite scrutiny from USCIS
during AOS (I-485) approval?
6. what are the pros /cons of changing our application to Consular Processing (CP) ?
a) Can we stay in India till our GC processing is complete and then get the GC at the consulate?
b) If so, can we enter the US on the GC and my husband as primary beneficiary joins the sposoring company ?
9. Another scenario, USCIS abandons our GC case due to absence from US.
a) After staying in India for 2 years, can my husband come on his still unexpired H1B, and myself on H4
without issues?
b) Can his employer file a new GC application , and retain his earlier priority date ( based on approved
I-140) ?
Thank You for your patience and time in answering our questions. We look forward to your response.
We have some followup questions.
some more details about our case-
Husband (primary GC applicant- EB3+ PD Mar 2005 ) - current status H1B
H1B - valid till June 2011 ( got approval notice, but no visa stamp based on that )
EAD - valid till Oct 2010
AP - valid till Feb 2009
Myself (dependent GC applicant) - current status H1B
H1B - valid till July 2009
EAD - valid till Oct 2010
AP - not applied yet
We are planning to move back to India by next month end ( Nov 2008 ). Though we have strong ties with India, we want to be pragmatic and keep the option of returning to US open (should the circumstances be such). So if we can,
we would like to have the GC process continue.
Below are our questions-
1. Will it help if we apply for AP and then leave for India?
2. If we want to return to US after July 2009 (my H1B expires by then)
If we don't have a GC by then,
a) Please confirm if my husband can use either H1B or AP if it is not expired ?
b) Please confirm if I can use either un-expired AP or apply and travel on H4 ? ( my H1b would have expired
by then ) .
c) What length of absence from US would be considered unreasonable, and would invite scrutiny from USCIS
during AOS (I-485) approval?
6. what are the pros /cons of changing our application to Consular Processing (CP) ?
a) Can we stay in India till our GC processing is complete and then get the GC at the consulate?
b) If so, can we enter the US on the GC and my husband as primary beneficiary joins the sposoring company ?
9. Another scenario, USCIS abandons our GC case due to absence from US.
a) After staying in India for 2 years, can my husband come on his still unexpired H1B, and myself on H4
without issues?
b) Can his employer file a new GC application , and retain his earlier priority date ( based on approved
I-140) ?
Thank You for your patience and time in answering our questions. We look forward to your response.
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