Green Card Pending but willing to R2i

[1derland]

Hi
I am new to this form and hence iam not sure if there is already a thread on this subj. i am planning to R2i in June 2009 so that my 2 daughters can join in 6th and 4th std. in chennai schools. i have filed my 485 and still waiting for my greencard, but hopeful of getting it before this year end !. as my daughters are in correct schooling age in 2009 , iam not sure if i need to wait in USA to get my G/C. if i leave w/o G/C, will my application will be still under processing ?

Can anyone advice/comments/suggest or share their experience on this i will really appreciate it.

Thanks
rami.

[direstraits88]

Hi
I am new to this form and hence iam not sure if there is already a thread on this subj. i am planning to R2i in June 2009 so that my 2 daughters can join in 6th and 4th std. in chennai schools. i have filed my 485 and still waiting for my greencard, but hopeful of getting it before this year end !. as my daughters are in correct schooling age in 2009 , iam not sure if i need to wait in USA to get my G/C. if i leave w/o G/C, will my application will be still under processing ?

Can anyone advice/comments/suggest or share their experience on this i will really appreciate it.

Thanks
rami.[/quote]

Unless your L.C receipt date is 2001, there's very little chance of getting G.C in 2008..

Since GC application is based on a future employment, GC process can continue if your employer doesn't withdraw the application. (maybe you can promise to come back and work for your employer for a year once you get the GC)

If your 485 is pending for 6 months, you can also choose AC21 portability and continue process through some other company, (assuming you find someone to do it. And you are ready to spend some money on it..)

Ofcourse, the first question is "how does G.C help with your r2i?". You will lose it unless you plan to shuttle back and forth to keep it alive.. Or is it just for a backup plan...

[Desi_by_Nature]

Unless your L.C receipt date is 2001, there's very little chance of getting G.C in 2008..
[/quote]

Not true. My L.C. was Nov 2003 and I got my G.C. 6 months ago. I'm guessing the USCIS must have established a new quota for permanent resident visas in Oct 2007 and therefore OP may have a good chance.

O.P. - hopefully you are done with all your fingerprinting appointments - coz if you get an appointment request and you don't comply, your application is deemed abandoned. The other roadblock could be an RFE (request for evidence) - that can come up anytime until the very last moment. When the USCIS opens your file, if they find any missing information they may send you a RFE notice - again if you do not respond to that in time, your application is considered abandoned.

I would say, find a trustworthy friend before you leave for India and file an AR-11 indicating that you have moved to your friend's address - so that he receives future correspondence from USCIS and can act/infrom you accordingly. Also if you have been working with an immigration lawyer, keep him in the loop too.
The USCIS website has the status of all cases available online - keep checking that frequently after R2I so that you'll know if anything changes and if they've sent out a notice or something.

However, as #2 mentioned, evaluate for yourself if having a GC and maintaining it at this point is really worth it for you.

[1derland]

Thank You for your responses. If iam not getting my GC before I R2i in 2009, then i think i should send my family first and then me with GC.

[direstraits88]

Not true. My L.C. was Nov 2003 and I got my G.C. 6 months ago. I'm guessing the USCIS must have established a new quota for permanent resident visas in Oct 2007 and therefore OP may have a good chance.

O.P. - hopefully you are done with all your fingerprinting appointments - coz if you get an appointment request and you don't comply, your application is deemed abandoned. The other roadblock could be an RFE (request for evidence) - that can come up anytime until the very last moment. When the USCIS opens your file, if they find any missing information they may send you a RFE notice - again if you do not respond to that in time, your application is considered abandoned.

I would say, find a trustworthy friend before you leave for India and file an AR-11 indicating that you have moved to your friend's address - so that he receives future correspondence from USCIS and can act/infrom you accordingly. Also if you have been working with an immigration lawyer, keep him in the loop too.
The USCIS website has the status of all cases available online - keep checking that frequently after R2I so that you'll know if anything changes and if they've sent out a notice or something.

However, as #2 mentioned, evaluate for yourself if having a GC and maintaining it at this point is really worth it for you.[/quote]

DBN,

You were one of the lucky ones.. Yes, I-485 had progressed to 2004, a few months ago.

But EB2 has retrogressed to '01 and EB3 to '02 due to bulk filing in Jul/Aug. Check out the visa bulletin in Nov/Dec 07. And the forecast for 2008 is not very bright...

[1derland]

I posted this thread and I also checked with my immigration lawyer and his recommendations are below which i would like share:

Q1: If i get my GC before Jun 2009, how do i and my family hold this status being in India.

Ans: Before you leave, apply for I-131 re-entry permit for 2 years.

Q2: If i dont get my GC before Jun 2009, will my GC process continues and my H1 is still valid if i dont work in USA (say iam getting a long leave from my present employor who sponsor's this H1).

In this case, you can stay away couple of months as vacation and comeback in active H1 or parole leaving the dependents in India. make sure your dependents having H4 valid and stamped or advance parole. once you get the GC., collect their GC's go India bring them in and apply for I -131 and then go to India.

Thanks

[kumarramu]

I posted this thread and I also checked with my immigration lawyer and his recommendations are below which i would like share:

Q1: If i get my GC before Jun 2009, how do i and my family hold this status being in India.

Ans: Before you leave, apply for I-131 re-entry permit for 2 years.

Q2: If i dont get my GC before Jun 2009, will my GC process continues and my H1 is still valid if i dont work in USA (say iam getting a long leave from my present employor who sponsor's this H1).

In this case, you can stay away couple of months as vacation and comeback in active H1 or parole leaving the dependents in India. make sure your dependents having H4 valid and stamped or advance parole. once you get the GC., collect their GC's go India bring them in and apply for I -131 and then go to India.

Thanks

[/quote]
But all these things might impact if the person is interested in US citizenship..