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thepaew
07-31-2011, 02:50 AM
I came to the US after B.Tech on an F-1 visa to get a Master's in Electrical Engineering.
I worked in various positions with a total of 3 companies from 2001 to 2009. Here are the details.

2001-2002 Company A on H1B, labor filed but left the company to try something new (startup)
2002-2004 Company B (startup) on H1B, startup seeded, grew to 200 employees, eventually failed, labor filed but still pending at the time I left the company.
2004-2009 Company C on H1B, labor filed under old system with PD 2005, some messup in Backlog center, attorney filed another under PERM (EB2-India) with PD Nov 2006. In 2007, we applied for I-485. Maintained H1B status till Aug 2009.
2009 Joined full-time MBA program in Europe. Left job, converted to H4 as my wife had independent H1B, and enrolled in the program.
Sept 2010 Offered a great job in Europe. So, the entire family relocated to Europe without thinking twice. Gave up H4. Did not extend AP since 2009.


Now, during our summer vacation, my former employer's law firm (Fragoman) managed to track us down with the news that our AoS has been approved. I confirmed it by logging in to USCIS case status online.

If there is a way to keep this green card as an option for the future, I'd really like to explore it. The main reasons are that it may offer us some hassle-free travel to the US, where we have a lot of family ties.

I paid for some legal consultation from another attorney but received no clear advice. She basically told us that we could use the GC but may or may not face problems at the POE or at a later stage. There is no certainty as the laws are really not clear. According to her, if we really want 100% certainty, the best way is to return the GC to the nearest consulate and fill some form declaring we give up our GC.

I have been involved with IV efforts over the years as I feel strongly about the mission of the organization and have seen first-hand the hard work of many of the volunteers. Aman asked me to post on this forum to "crowd-source" a recommendation.

So gurus, what would you do in this situation? Do you know anyone with a similar case?

Thanks in advance for your help.

gk_2000
07-31-2011, 03:02 AM
I came to the US after B.Tech on an F-1 visa to get a Master's in Electrical Engineering.
I worked in various positions with a total of 3 companies from 2001 to 2009. Here are the details.

2001-2002 Company A on H1B, labor filed but left the company to try something new (startup)
2002-2004 Company B (startup) on H1B, startup seeded, grew to 200 employees, eventually failed, labor filed but still pending at the time I left the company.
2004-2009 Company C on H1B, labor filed under old system with PD 2005, some messup in Backlog center, attorney filed another under PERM (EB2-India) with PD Nov 2006. In 2007, we applied for I-485. Maintained H1B status till Aug 2009.
2009 Joined full-time MBA program in Europe. Left job, converted to H4 as my wife had independent H1B, and enrolled in the program.
Sept 2010 Offered a great job in Europe. So, the entire family relocated to Europe without thinking twice. Gave up H4. Did not extend AP since 2009.


Now, during our summer vacation, my employer's law firm (Fragoman) managed to track us down with the news that our AoS has been approved. I confirmed it by logging in to USCIS case status online.

If there is a way to keep this green card as an option for the future, I'd really like to explore it. The main reasons are that it may offer us some hassle-free travel to the US, where we have a lot of family ties.

I paid for some legal consultation from another attorney but received no clear advice. She basically told us that we could use the GC but may or may not face problems at the POE or at a later stage. There is no certainty as the laws are really not clear. According to her, if we really want 100% certainty, the best way is to return the GC to the nearest consulate and fill some form declaring we give up our GC.

I have been involved with IV efforts over the years as I feel strongly about the mission of the organization and have seen first-hand the hard work of many of the volunteers. Aman asked me to post on this forum to "crowd-source" a recommendation.

So gurus, what would you do in this situation? Do you know anyone with a similar case?

Thanks in advance for your help.

Your stated use of the GC is very weak. There is some provision under which you can leave the country for an extended period of time and return back. But as it stands, you wont be eligible to keep your GC. You might consider relocating to US, applying for citizenship, then doing your other stuff

All the best

gc_check
07-31-2011, 09:20 AM
I came to the US after B.Tech on an F-1 visa to get a Master's in Electrical Engineering.
I worked in various positions with a total of 3 companies from 2001 to 2009. Here are the details.

2001-2002 Company A on H1B, labor filed but left the company to try something new (startup)
2002-2004 Company B (startup) on H1B, startup seeded, grew to 200 employees, eventually failed, labor filed but still pending at the time I left the company.
2004-2009 Company C on H1B, labor filed under old system with PD 2005, some messup in Backlog center, attorney filed another under PERM (EB2-India) with PD Nov 2006. In 2007, we applied for I-485. Maintained H1B status till Aug 2009.
2009 Joined full-time MBA program in Europe. Left job, converted to H4 as my wife had independent H1B, and enrolled in the program.
Sept 2010 Offered a great job in Europe. So, the entire family relocated to Europe without thinking twice. Gave up H4. Did not extend AP since 2009.


Now, during our summer vacation, my former employer's law firm (Fragoman) managed to track us down with the news that our AoS has been approved. I confirmed it by logging in to USCIS case status online.

If there is a way to keep this green card as an option for the future, I'd really like to explore it. The main reasons are that it may offer us some hassle-free travel to the US, where we have a lot of family ties.

I paid for some legal consultation from another attorney but received no clear advice. She basically told us that we could use the GC but may or may not face problems at the POE or at a later stage. There is no certainty as the laws are really not clear. According to her, if we really want 100% certainty, the best way is to return the GC to the nearest consulate and fill some form declaring we give up our GC.

I have been involved with IV efforts over the years as I feel strongly about the mission of the organization and have seen first-hand the hard work of many of the volunteers. Aman asked me to post on this forum to "crowd-source" a recommendation.

So gurus, what would you do in this situation? Do you know anyone with a similar case?

Thanks in advance for your help.
If you left USA without an AP or did not return/extend the AP after leaving USA, it might be considered as abandoning the LPR process. If the job they sponsored for you is still available with the same employer, you might come back and work on the same job you were sponsored for, but still since you abandoned the application, not sure you could get stopped in Port of Entry.
For specific counsel on cases like this it is better to have an immigration attorney explore your opportunities with all your details prior to making any decision is good.

thepaew
08-02-2011, 12:13 PM
Thanks for the advice.

Your stated use of the GC is very weak. There is some provision under which you can leave the country for an extended period of time and return back. But as it stands, you wont be eligible to keep your GC. You might consider relocating to US, applying for citizenship, then doing your other stuff

All the best

my2239
08-02-2011, 02:44 PM
Your lawyer is right about absence of clarity in law in scenarios like this
So you did hear professional advice form her although it may not have helped you a lot

Here is what I would do:

Give a ring to USCIS and ask them to mail the plastic green card to a specific address where you or someone on your behalf can collect it

Use the Green Card and come to the POE and check for yourself what the POE officers say

If they are polite and let you in, then you can consider asking your family to use the same route

In the worst case, you can always voluntarily depart thus avoiding a 3 year / 10 year ban
Even in this case, you can visit a US consulate abroad, give up your GC and then be eligible for future visits on other visa categories


This way there is minimal harm to you and maximum benefit (if you are lucky)

Wishing you all the best

bslraju
08-02-2011, 04:49 PM
Can you please tell me how to open a SR @ TSC ?
Its been 1 month since we apply interfiling request to TSC.
My case: 485 is @ TSC and new EB2-140 is approved @ NSC.

I am wondering should I wait 90 days to open a SR? or can i open a SR @ TSC
my PD was not ported in new 140 as my lawyer wanted to apply after new 140 is approved which they applied 6 weeks ago.

Thank you in advance.
-------------------------
Been here since 2001:(

dkshitij
08-02-2011, 05:26 PM
I am happy for you and your success. But I feel what you are doing is not ethical. The GC was obtained via AOS. You are neither in the country nor working for the employer who sponsored you. As such you do not need the GC. Wouldn't it have been better if you had withdrawn your application and let the next two people in the line get it?

ronhira
08-02-2011, 05:45 PM
the guy asked a fair question.... what is unethical about a question and learning from other people's experiences? clearly op is not an immigration lawyer and this is a question in immigration law question..... y r u throwing bombs at him.....

isn't gc for a future employment... what if he doesn't work for the same employer.... so many of the people here have changed their gc filing employer using ac21.... what's wrong with not working for the same employer when even law provides a way not to work for the employer who filed the petition.....

@ not living in the country..... give me a break.... the guy lived here for years and years.... he paid his dues..... with this long backlog how many options does a person has.... so what's wrong with leaving the country..... again, isn't the gc for future employment?

this guy apparently had his fair share of difficult times..... he is clearly some deserving.... if he/she is not then i don't know who is..... specially after spending thousands of dollars on multiple applications and waiting for year after year..... i would rather have him try to salvage the application for your family even if it means that two green card numbers go waste rather than asking him to give up so that my application is 2 points closer..... just my view.....


thepaew,

if i were u, i would make a full disclosure & give it a shot..... please do not be brought down by anyone discouraging u from living u'r life to fullest..... look at it this way.... 10 years down u don't want to be thinking "what if"..... we only live once.....

all the best to u,





I am happy for you and your success. But I feel what you are doing is not ethical. The GC was obtained via AOS. You are neither in the country nor working for the employer who sponsored you. As such you do not need the GC. Wouldn't it have been better if you had withdrawn your application and let the next two people in the line get it?

greyhair
08-02-2011, 09:01 PM
+1

Couldn't agree more.


the guy asked a fair question.... what is unethical about a question and learning from other people's experiences? clearly op is not an immigration lawyer and this is a question in immigration law question..... y r u throwing bombs at him.....

isn't gc for a future employment... what if he doesn't work for the same employer.... so many of the people here have changed their gc filing employer using ac21.... what's wrong with not working for the same employer when even law provides a way not to work for the employer who filed the petition.....

@ not living in the country..... give me a break.... the guy lived here for years and years.... he paid his dues..... with this long backlog how many options does a person has.... so what's wrong with leaving the country..... again, isn't the gc for future employment?

this guy apparently had his fair share of difficult times..... he is clearly some deserving.... if he/she is not then i don't know who is..... specially after spending thousands of dollars on multiple applications and waiting for year after year..... i would rather have him try to salvage the application for your family even if it means that two green card numbers go waste rather than asking him to give up so that my application is 2 points closer..... just my view.....


thepaew,

if i were u, i would make a full disclosure & give it a shot..... please do not be brought down by anyone discouraging u from living u'r life to fullest..... look at it this way.... 10 years down u don't want to be thinking "what if"..... we only live once.....

all the best to u,

thepaew
08-03-2011, 02:51 AM
Dear Responder,

Thank you for calling me unethical. Wish you a wonderful day.

Best
I am happy for you and your success. But I feel what you are doing is not ethical. The GC was obtained via AOS. You are neither in the country nor working for the employer who sponsored you. As such you do not need the GC. Wouldn't it have been better if you had withdrawn your application and let the next two people in the line get it?

immiusa
08-03-2011, 09:17 AM
I agree with Ronhira

sanju_dba
08-03-2011, 09:58 AM
Yea, GC is for future employment, but, how 485 filed is important.
AOS - Adjustment of status , works while you are in the country, and you are expected in the country.
CS - consular processing, works when you are outside the country.so when you are current, you seek an appointment with the local US embassy.

So, when OP left US, OP should have requested his/her case to be transferred over to a local embassy.

thepaew
08-03-2011, 01:20 PM
Dear Friends (except the person who had nothing to useful to add except calling me unethical),

Thank you for your responses. I appreciate the time you have taken to read my post.

When I left the US, I was prepared to accept that I am abandoning my GC application. I informed USCIS and CBP of the same. I would be very happy if the CIS would deny my AOS, however,

I was planning to enter the US again on a Business visa to attend some important meetings. With this approval, I am not sure if I am still eligible for that visa. I do not want to show up with my team to the PoE during a business trip and be deported/detained for no fault of my own.
I am not sure of I lose my I-140 priority date due to the fact that USCIS approved my Aos. This is important to me if I return to the US in a few years in EB2 category.

I guess I will confirm with another attorney and just follow his/her instructions. I will not do anything unethical and may surrender my GC at the local consulate if there is not proper way of retaining it.

Thanks and good luck.

sw33t
08-03-2011, 09:09 PM
Post approval audits for AoS/Green Card are still part of the day-to-day operations of USCIS. In the event that you successfully re-enter using your GC, your case file will still have the notification of your intent to abandon your AoS. USCIS & CBP databases for I-90 data are now integrated as well.

The law according to my interpretation is pretty clear on this case and your actions have proven the same. In my humble opinion, there are no loopholes in the law to salvage this situation because the approval for AoS was in 2011 and you have submitted your intent to withdraw your AoS application in 2010 once you got your job offer in Europe. Whether the letter you submitted to withdraw your intent to pursue AoS makes its way into your casefile/system is not the question but when it does, an audit can get triggered (let alone a random audit). On the hindsight, being on H4 until you left the country proves that you were in a legal status during your stay here in the US. It also creates an issue when you apply for non-immigrant visas that look down upon dual-intent (because you had shown intent to immigrate vis-a-vis your AoS application). If you have intent to re-enter, H1 category is the best category, but you will have to start the process all over again to get your GC.

In my opinion, the letter you sent to withdraw your AoS to USCIS to CBP (if what I read was right) was the fatal bullet in this case.

Please read the following as well -

USCIS - Emergency Travel (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5436f0cb861c5210VgnVCM100000082ca60aRCR D&vgnextchannel=4c790a5659083210VgnVCM100000082ca60a RCRD)

Have you heard about the European Blue Card? I sympathise your situation but raising a family and dealing with such legalities and the threat of revocation even after naturalization is not a sound idea.

I hope your taxation paperwork are in order for future references and applications.

In a utopian situation, you can submit a humanitarian request via the USCIS ombudsman explaining the situation of your inability to renew your AP (hence proving your intent to maintain your AoS application) and explain that you would like to submit a letter to withdraw your initial intent to abandon your AoS (without prejudice) if the letter has not been processed. If USCIS accepts this request, you can freely use your GC. Maybe Aman can set up a call with the USCIS Ombudsman. A letter explaining to the President/Vice-President/Senators won't hurt as well. In the mean time, I recommend providing an address for USCIS to send you your GC to a US address.

I truly wish you luck and the standard disclaimer of "I am not a lawyer and neither my interpretation of the law should be considered final or sane" applies.

greyhair
02-05-2013, 07:46 AM
I came to the US after B.Tech on an F-1 visa to get a Master's in Electrical Engineering.
I worked in various positions with a total of 3 companies from 2001 to 2009. Here are the details.

2001-2002 Company A on H1B, labor filed but left the company to try something new (startup)
2002-2004 Company B (startup) on H1B, startup seeded, grew to 200 employees, eventually failed, labor filed but still pending at the time I left the company.
2004-2009 Company C on H1B, labor filed under old system with PD 2005, some messup in Backlog center, attorney filed another under PERM (EB2-India) with PD Nov 2006. In 2007, we applied for I-485. Maintained H1B status till Aug 2009.
2009 Joined full-time MBA program in Europe. Left job, converted to H4 as my wife had independent H1B, and enrolled in the program.
Sept 2010 Offered a great job in Europe. So, the entire family relocated to Europe without thinking twice. Gave up H4. Did not extend AP since 2009.


Now, during our summer vacation, my former employer's law firm (Fragoman) managed to track us down with the news that our AoS has been approved. I confirmed it by logging in to USCIS case status online.

If there is a way to keep this green card as an option for the future, I'd really like to explore it. The main reasons are that it may offer us some hassle-free travel to the US, where we have a lot of family ties.

I paid for some legal consultation from another attorney but received no clear advice. She basically told us that we could use the GC but may or may not face problems at the POE or at a later stage. There is no certainty as the laws are really not clear. According to her, if we really want 100% certainty, the best way is to return the GC to the nearest consulate and fill some form declaring we give up our GC.

I have been involved with IV efforts over the years as I feel strongly about the mission of the organization and have seen first-hand the hard work of many of the volunteers. Aman asked me to post on this forum to "crowd-source" a recommendation.

So gurus, what would you do in this situation? Do you know anyone with a similar case?

Thanks in advance for your help.

What did you ended up doing? Did you pursue your GC application? Ny wife and I are starting to think about returning back to the home country.

manchala
02-08-2013, 08:47 AM
Your lawyer is right about absence of clarity in law in scenarios like this
So you did hear professional advice form her although it may not have helped you a lot

Here is what I would do:

Give a ring to USCIS and ask them to mail the plastic green card to a specific address where you or someone on your behalf can collect it

Use the Green Card and come to the POE and check for yourself what the POE officers say

If they are polite and let you in, then you can consider asking your family to use the same route

In the worst case, you can always voluntarily depart thus avoiding a 3 year / 10 year ban
Even in this case, you can visit a US consulate abroad, give up your GC and then be eligible for future visits on other visa categories


This way there is minimal harm to you and maximum benefit (if you are lucky)

Wishing you all the best

I second this. Life is all about luck and little bit hard work.