kay kay
Dec 28, 2024
EB1 India
Hello Lawfully community,
I have a situation here, need your inputs/comments
Mine is EB1 India with PD May 2022. got AP valid until 2029 and EAD valid until Jul 2025. Completed my interview at local USCIS office, after that case went to pending state due to unavailability of visa number
Due to unforeseen circumstances I have to go back to india and uncertain when I will be back to USA. I dont have a job in usa now.
Having said that, what may happen to my case once visa number is available? Also, to apply for EAD renewal I have to be present in US, so, can I travel to usa with my AP and apply for renewal?
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All is WellDec 28, 2024
Yes, you can travel back to the US with your Advanced Parole.
Your case will progress normal and once visa is available, it will get approved hoping no RFE is requested.
kay kayDec 28, 2024
@Mukhtar M Thanks. that’s positive. I too hope there won’t be any RFE as interview was completed
J ZDec 29, 2024
You should have a job in the US until your GC is approved if it’s employment based. You can travel using AP but not for a longer stay outside US. It’s not safe if you’re the primary applicant. Pls consult with your attorney.
J DDec 29, 2024
hi @kay kay when did the interview happen? it’s great news if they did call you for an interview especially since pd may 2022 is not current.
kay kayDec 30, 2024
@J D interview happened In Aug 2024
kay kayDec 30, 2024
@J Z I completely understand but now I am in a position that I cannot go back for a while. GC is the only way back in
P SJan 1, 2025
If the adjustment is based on employment, your I485 needs to have been pending for at least 180 days to port. as others have said, if the underlying employment ends and you do not have another one, then there might be issues so please consult a lawyer. Also AP, will only allow you to stay outside for upto 30 days.
kay kayJan 1, 2025
@why this kollaveri yes I spoke to attorney
sat banJan 2, 2025
@kay kay did you tried expediting i485 thru congressman, as you are in a different critical situation
kay kayJan 2, 2025
@sat ban will it work? my date is not current. I think it’s good to give it a try. Thanks!
sat banJan 3, 2025
@kay kay I don’t know if it works or not. But just give a try. My Pd also may 2022 and still awaiting on CRP
kay kayJan 3, 2025
@sat ban sure
