I485 pending - relocate to india, still get GC ?

[lakshmi09]

Hi All,

Need help from the experts in the forum on this topic please -

Situation:

Our i485(AOS) is pending & the priority data has retrogressed. This is for a Employment based application by US company XYZ.

We want to move back for 2-3 years for personal reasons and after that want to have an option of coming back on GC (assuming it will be approved by then).

Question:

1> If we relocate to india, by tranferring to the same companys XYZ's indian division, can we get our GC while being in India ? Our company has clarified that it will not withdraw the AOS application.

2> Say the GC comes after 2 years, can we apply for a reentry permit at that time from India itself or we will have to be in US ?

3> Will changing to consular processing be of any help in this situation ?

Thank you

[DMX17]

You might want to contact an attorney and see about changing your AOS to Consular Processing (CP). This way, you will get an interview when your priority date is current.

What's the PD, country of birth, and EB Category? I can tell future!

[lakshmi09]

Thanks for your reply DMX.

What's the PD - April 2005
country of birth - India
EB Category - EB2

I can tell future - :-)

Regarding consular processing, we did check with our attorney, what they said was once our GC gets approved via consular processing, we need to come to US immediately. So this means, if we get it say in another 1.5 years, we will need to cut our visit short and come back earlier, which might not be feasable & secondly we need to have US employment at that time.

[txh1b]

Regarding consular processing, we did check with our attorney, what they said was once our GC gets approved via consular processing, we need to come to US immediately. So this means, if we get it say in another 1.5 years, we will need to cut our visit short and come back earlier, which might not be feasable & secondly we need to have US employment at that time.

Yes, that is true. You have to choose. As the popular saying goes, you cannot have one's cake and eat it too. You could land as an immigrant within 6 months of being granted the GC and then file for a re-entry permit for a longer stay outside US. But there are some criteria that you need to satisfy. I would suggest some research or talk to an attorney.