Receiving green card outside US?

[l1vis]

Hi all,

Can someone please help with this scenario I am into?
Please share your thoughts.

1. i-140 approved
2. AOS or i-485 in progress since Apr 2022
3. EAD or i-765, AP or i-131 in progress since Apr 2022
4. L1 visa gets over by Dec 2022 (exhausted the complete period of 7 years - don't have valid H1)

Going by the current trend, I believe it will take time for my EAD, AP to get approved.
Not sure when i-485 will get approved.
Let's say I travel outside US by Dec 2022, my AP will get abandoned.

When the applicant is outside US, is it possible to receive the GC?
What are the complications? Has someone done that before?
Can I receive my GC and come back to US? Please suggest / help.

[shiva_82]

Before I say anything, let me share the disclaimer that I'm not entirely certain if my answer is accurate but this is what I believe based on what I've read and come to know.

You can definitely get your GC from India. Infact one could directly apply for a GC directly from India without traveling to US on any other visa, just that no company sponsors GC directly. You will get a GC stamp on your passport just like any other visa through a consular appointment. Once you enter US using your GC stamp, you will have to request for the actual green card.

Saying that, I don't think you can enter US based on the pending 485 because you are not truly able to do an adjustment of status because you don't have a status to begin with. This will change if you already get an EAD/AP combo card before Dec 2022 as you can travel back using that. Also if you are getting your GC from outside US then, l believe if you don't travel back to US within 6 months of getting your GC, it is equivalent to abandoning your GC.

[l1vis]

Thanks for the inputs.

You can definitely get your GC from India. Infact one could directly apply for a GC directly from India without traveling to US on any other visa, just that no company sponsors GC directly. You will get a GC stamp on your passport just like any other visa through a consular appointment. Once you enter US using your GC stamp, you will have to request for the actual green card.

>> Okay, in my case if I go out of US with AOS in pending state and later when I am in India, let's assume in Feb 2023 I get to know that my GC has been issued.
In this case, I will have to prepare the documents, take it to consulate and then get the GC stamped in my passport?

Saying that, I don't think you can enter US based on the pending 485 because you are not truly able to do an adjustment of status because you don't have a status to begin with. This will change if you already get an EAD/AP combo card before Dec 2022 as you can travel back using that. Also if you are getting your GC from outside US then, l believe if you don't travel back to US within 6 months of getting your GC, it is equivalent to abandoning your GC.

>> Correct. I also heard that USCIS may not issue a GC for applicants who are outside the US. Really not sure how that works.

[mcaeb1guy]

My personal comments: Do consult your attorney for guidance and next steps:
1. You can continue to stay in the US after Dec 2022 (L1A max out) on pending AOS status. You will not be able to work till you get your EAD / AP or GC. Have some savings to manage a few months without working.
2. If your L1A maxes out in Dec and you haven't received your EAD or GC, you can reach out to local congressman asking for help sighting loss of income, to expedite EAD.
3. If you travel outside of US before getting EAD/AP, your AOS/GC application will be considered abandoned (this is my understanding, as you don't have valid visa or AP and you have left the country).
4. There are high chances that your AOS might get approved in August/Sep timeframe before the end of USCIS's fiscal year. (Assuming you are on EB1)

Hope this helps. Do consult your attorney for guidance.

[newacct]

According to 8 CFR 245.2(a)(4)(ii)(A-D), I-485 is automatically abandoned if you leave the US while it is pending unless:
* you were granted Advance Parole and you return on that Advance Parole, or
* you were maintaining H1b/H4/L1/L2/K3/K4/V status right before you left, and you return on the same type of visa

It sounds like you are talking about a case where you were not granted Advance Parole before you leave, you have L1 status right before you leave, but you don't plan on returning to the US on an L1 visa. I am not sure what would happen in this case. Would they still approve the I-485, because it is still in principle possible for you to return on an L1 visa in the future?

[shiva_82]

According to 8 CFR 245.2(a)(4)(ii)(A-D), I-485 is automatically abandoned if you leave the US while it is pending unless:
* you were granted Advance Parole and you return on that Advance Parole, or
* you were maintaining H1b/H4/L1/L2/K3/K4/V status right before you left, and you return on the same type of visa

It sounds like you are talking about a case where you were not granted Advance Parole before you leave, you have L1 status right before you leave, but you don't plan on returning to the US on an L1 visa. I am not sure what would happen in this case. Would they still approve the I-485, because it is still in principle possible for you to return on an L1 visa in the future?

Is there an option for l1vis to change his 485 processing to consular processing?

[l1vis]

Thanks mcaeb1guy for the below details.

If your L1A maxes out in Dec and you haven't received your EAD or GC, you can reach out to local congressman asking for help sighting loss of income, to expedite EAD.

>> Sorry, who is the local congressman? Can you please help?

If you travel outside of US before getting EAD/AP, your AOS/GC application will be considered abandoned (this is my understanding, as you don't have valid visa or AP and you have left the country).

>> Yes, this is really a bad thing though we have crossed all the other hurdles.

There are high chances that your AOS might get approved in August/Sep timeframe before the end of USCIS's fiscal year. (Assuming you are on EB1)

>> Hopefully. not sure

[l1vis]

Thanks newacct for the inputs.

According to 8 CFR 245.2(a)(4)(ii)(A-D), I-485 is automatically abandoned if you leave the US while it is pending unless:
* you were granted Advance Parole and you return on that Advance Parole, or
* you were maintaining H1b/H4/L1/L2/K3/K4/V status right before you left, and you return on the same type of visa

>> Thanks for the details. so it's clear that AOS will get abandoned when the applicant leaves with a valid visa / EAD / AP.
Since the number of years is maxed out, the applicant can't come back!

It sounds like you are talking about a case where you were not granted Advance Parole before you leave, you have L1 status right before you leave, but you don't plan on returning to the US on an L1 visa. I am not sure what would happen in this case. Would they still approve the I-485, because it is still in principle possible for you to return on an L1 visa in the future?

>> No, I will not have a visa by end of Dec 2022.

[l1vis]

Yes, I would like to know if there is a chance of changing the AOS application to consular processing?

[newacct]

It is always possible to change from AOS to CP or vice versa. Given that your I-140 is approved, to change from AOS to CP, your employer will have to file I-824 to have USCIS send your petition to NVC. You have to wait until the I-824 is approved, and then go through the whole CP process. That may take 1-2 years. In order to be able to immigrate, your employer needs to still offer to employ you after all that time; are they willing?

Why can't you stay in the US until you get your Advance Parole or green card? Do you have some urgent need to go abroad?

[l1vis]

My visa is getting maxed out in Dec 2022 right. So I can't stay in US beyond this period with a GC or EAD.
Yes I can stay in the US saying that my AOS is pending. However I can't work. Not sure if my company will be willing to have someone like that.

[newacct]

See if you can take a leave from the company temporary until you get your EAD, which shouldn't be too long after Dec 2022.

[l1vis]

Sure, hopefully something works out.