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  • Return with plastic original green card to US (POE)

    Friends,
    Here is my situation. I filed an employment based green card (I485) under EB3 category when i was there in USA. I lived there for 12+ years. The process cleared labor, I140 and finally waiting on I485 status adjustment. Due to personal emergency i had to stay India for 4 years but i gave my friends address for my communication. My 485 status got updated with a RFD where it needs a latest medical report. I had done in India and submitted to USCIS. Within a week my green card approved (last month) when i am still in India. Then i received my original green card through my friend. Here is some question around my entry after this..

    (1) What kind of issue or complication i would face at POE as GC was approved i am in India?
    (2) is this original green card is enough to reenter USA (POE) to claim my permanent resident?
    (3) Any other document do i need to carry?
    (4) After going there, can i work for other employer than my sponsor employer?

    Thanks, i appreciate your input based on your experience.

    PS: My kids are US citizen.

  • #2
    Originally posted by helpray View Post
    Friends,
    Here is my situation. I filed an employment based green card (I485) under EB3 category when i was there in USA. I lived there for 12+ years. The process cleared labor, I140 and finally waiting on I485 status adjustment. Due to personal emergency i had to stay India for 4 years but i gave my friends address for my communication. My 485 status got updated with a RFD where it needs a latest medical report. I had done in India and submitted to USCIS. Within a week my green card approved (last month) when i am still in India. Then i received my original green card through my friend. Here is some question around my entry after this..

    (1) What kind of issue or complication i would face at POE as GC was approved i am in India?
    (2) is this original green card is enough to reenter USA (POE) to claim my permanent resident?
    (3) Any other document do i need to carry?
    (4) After going there, can i work for other employer than my sponsor employer?

    Thanks, i appreciate your input based on your experience.

    PS: My kids are US citizen.
    There are several things unclear about this case. I485 is for AOS, which means you should be in a legal status in the US to file it. If you have been in India for the past 4 yrs. how did you file your I485?
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by scientist2016 View Post
      There are several things unclear about this case. I485 is for AOS, which means you should be in a legal status in the US to file it. If you have been in India for the past 4 yrs. how did you file your I485?
      Hi scientist2016,
      As i mentioned in my message, i was there 12+ years in US. During that time i filed I485. Everything was approved till I140 except I485 which is in progress. Since it was in EB3, it took almost 11 yrs to get approved.

      Comment


      • #4
        Originally posted by helpray View Post
        Hi scientist2016,
        As i mentioned in my message, i was there 12+ years in US. During that time i filed I485. Everything was approved till I140 except I485 which is in progress. Since it was in EB3, it took almost 11 yrs to get approved.
        You can file I485 only when you are in the US. I140 and I485 are two completely different things. So, was your I485 pending for more than 4 yrs? If yes, did you have a valid AP? Typically APs are valid for a period of 1 yr. only. So, you should have returned back to the US every yr. to renew your AP. If not, it would be deemed that you have abandoned your I485, which would mean that your GC was granted in error. This point will be raised at the POE.

        To recap, it does not matter how long your I140 has been accepted. Yes, there are long wait times for EB3. I485 can be filed only if you are in the US. If you are outside the US, with I485 pending and no valid AP, then it would be deemed that you have abandoned your I485. Hence my previous question. If your GC has been granted despite this situation (which would be an error), it may be brought to fore at the POE. That is the risk.
        Just an opinion; Not legal advice.

        Comment

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