A S
Dec 8, 2024
Moving back to India - Impact on 485, EAD, AP
I am here on a L1-A visa since June 2022. My I-140 has been approved since Jan 2023 and my AP / EAD are valid until Oct 2028 / Nov 2029 respectively. My EB1-C priority date is Sep 2022.
I am transferring to a different team in my current company and moving back to India. Is my Green card process going to get abandoned once I move or is it still going to be active and I retain my priority date even after i move ?
Also are my EAD / AP going to be active after I move to india ? If yes, can I use my EAD to find employment in the US if I have to in the future ? Also, can I use my AP at CBP next time I have to travel to the US ?
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a kDec 9, 2024
Please clarify a few more details: is this India move temporary? Will the US job be still available in near future with this company (so we can try consular approach)?
I assume, the answer is No for both in which case, your only option is to switch to another US employer invoking AC21 via supplement J since you are well past the 180 day limit and activate your EAD (letting go of L1 status).Also, note that the new job must be similar to your original petition.
Otherwise, USCIS will eventually figure out you are outside the US for an “extended” period of time or at least no longer on L1 status and/or consider things abandoned if RFE is not responded in timely manner.
Ofcourse, please consult a lawyer for a more specific strategies etc.
A SDec 16, 2024
thanks @a k !
the india move is temporary in the sense i do want to move back to the US but dont know how soon at this point. also i think the US job i am in my current company will likely NOT be available.
can i use my current EAD to search for and apply to roles in the US while i am in india ? and if i get the job, is invoking AC21 via Supp J the only thing that needs to be done ? i guess i need not apply for a new visa and can just work on my EAD ?
also i have an active B1/B2 visa - next time i have to re-enter the US, should i use my AP or my B1/B2 visa ?
