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go_getter007
10-14-2013, 12:06 PM
Dear All,

Here is a brief summary of my case. I wanted to know whether it is possible for me to enter the US with my Green Card.

- Came to the US in 1998 on F1 visa
- Worked from 2000 to 2009 on H-1B visa
- Got my 140 approved in late 2008
- Due to personal reasons, I had to relocate to India in early 2009 - leaving my 485 status as pending
- To my surprise, last week, I got my 485 approved (welcome notice) and the green cards have been mailed at my US mailing address (family friend's address)!

Is it possible for me to re-enter the US with my Green Card, welcome notice and Indian passport?! :confused:

Do I need any other documents (than Green Card, welcome notice and Passport)?

If I make it that far, what are some of the likely questions at the port of entry?

Thanks much.

go_getter007

krishmunn
10-14-2013, 08:16 PM
Please consult an Attorney. As I understand , your 485 is considered abandoned since you travelled out of US without AP or H1/L1 . This was probably approved in error.

However, if you are still working for the same employer who filed your 140, you can consider filing a Immigrant visa petition (Consular processing) using the approved 140 and a letter from your employer.

go_getter007
10-15-2013, 12:44 PM
Yeah, I'll talk to an attorney. Thanks.

When I left in 2009, I DID have a valid AP. I didn't get it renewed since I was/am in India. So, I don't have a valid AP now.

GG_007

AceMan
10-15-2013, 01:52 PM
Yeah, I'll talk to an attorney. Thanks.

When I left in 2009, I DID have a valid AP. I didn't get it renewed since I was/am in India. So, I don't have a valid AP now.

GG_007

You got your GC, even though you had abandoned your quest for the same. But looks like you want to try using it to come to US.
As a law abiding person you are supposed to notify USCIS of the mistake and return your GC.

I also know that it is very easy to preach.

If you have no intention to return the GC which you believe is rightfully yours, fly to Toronto from India, drive to Niagara and come to US via road. You stand a better chance to get into the country.

AceMan
10-15-2013, 02:02 PM
If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas at Welcome to Travel.State.Gov (http://www.travel.state.gov). This information is listed under its Visa section for immigrants.