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  • AOS to CP

    Hi
    I am plnning to goback to india, I am trying is not lose my efforts that I kept on Greencard, can someone please help me in clarifying my questions, it will be great help

    my understanding is that “PD dates are same for CP/AOS” is that correct?

    As my PD is April 2006, it might take 3 years or so to become current, so I have to wait till that time to change process from AOS to CP for that
    2) do I have to be here in US till that time [till PD become current]?
    3) If I don’t need to be in US what are other options, is it keep on renew my H1 or EAD.[as I am and will be on AOS till change to CP]
    4) while doing above in point 3, is that OK if I don’t even enter in US just keep on extending status(H1/EAD )
    5) alternative to above points, if I keep AOS continue how long can I take break and go out of US.
    6) All I am trying is not lose my efforts that I kept on Greencard sofar when I move to back india, please suggest me what best I can do for it.

    Thanks

  • #2
    1. PD remains the same for AOS or CP. You can convert from AOS to CP now and not wait till the PD is current to do that. Talk to your attorney. Form I824/864 (confirm on uscis) as I am telling from memory.
    2. Not if the case is converted to CP.
    3. You should not indefinitely leave US if on AOS. You are allowed to leave and return on H1b status. Read on immihelp.
    http://immihelp.comhttps://www.immih...ent-of-status/
    4. Risky and illegal.
    5. Temporary/Short travel allowed as per AP rules.
    6. Discuss with your attorney.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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