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Leaving USA for 6 months with 485 pending

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  • Leaving USA for 6 months with 485 pending

    Hello!

    I need a serious advice here.

    Citizenship - Indian

    I have 485 pending.

    I140 approved.

    EAD and AP valid for 1 more year.

    Now, I am quitting my current job in USA and moving to Japan with a different employer for a special project assignment for 6 months. After finishing 6 months, I want to come back to the U.S.

    Questions:
    1) Does the 485 processing get cancel, if I leave US and leave US employer?
    2) Can enter US on EAD and AP, even if I don't work here?

    I would really appreciate your help.

    Thanks,

    Sam

  • #2
    1. No. 2. Yes.

    If your permanent residency application is employment based, the said employer needs to still have the offer open for you to work for the employer on a full time permanent basis upon approval of the said petition.

    However, you do not have to currently work for the said employer who has filed your GC petition.

    The question is what will you do when you return to the US? Will you have any employment available for you?

    Take care.

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