View Full Version : long stay out of US, GC application active?

06-16-2009, 04:26 PM
I have filed I-485 in Aug2007 and am in retrogression. I am currently working for my sponsoring employer on H1 but also have EAD and AP. I have to go to India to address parents health issues and may have to stay there for possibly 6-9 months. I plan on re-entering using AP.
1) Will my GC application stay active if I am gone for such a long time?
2) My fingerprinting was done long ago - do I need to be in US when my case is adjudicated and GC approval is sent in the mail?
3) Since I will lose my current job due to the long absence, will that be an issue at POA since I wont have a current job or a job offer letter to show the IO?

06-30-2009, 01:07 AM
I have similar issue and spoke to my Immig Attorney, who advised me as follows-

(1) In order to maintain your resident alien status, you should be in USA more than 181 days, in other words it is adviseable to stay less than 180 days outside USA.

(2) It is adviseable that you return to USA, ASAP, once you get CRIS email that GC approval has been provided.

(3) I believe you are going to use AP. You would prepare your I-94 card at the POA and the POA officer would ask you where you are employed before putting stamp on I-94. Be prepared to answer that question. Most likely 99%, the POE IO will not ask any proof. However, it is adviseable to have a current job (sort of Employment Verification Letter) and leave letter approval.

All the best.