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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1  
Old 01-07-2010, 02:27 PM
Senior Member
Priority Date
:
May-05
Category
:
EB3
I140 Mailed Date
:
10/01/2005
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
06/04/2007
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Join Date: Feb 2007
Posts: 243
Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all
Unhappy Help Needed: Leaving for Good While I-485 is Pending

Hi All:

I have decided after many years of waiting for my pending I-485 to be approved to return back home for good. I am ROW EB3 with a priority date of May 2005. Last time I checked, my application is pre adjudicated and name check and everything else is completed and just waiting on PD to be current to be approved. However, with the current retrogression and no end in sight, I am throwing the towel and decided to return home. I have been working on EAD for 2 years now and I travel using AP. I didn’t transfer my H-1B visa from my old job to my current employer.

my first question is : in case I go home and I live there for few years and I decide to come back here, can I transfer my old H-1B visa to any new employer in case I find a job with a new company in the future? Or I have to apply for a new H-1B visa to be able to come back.

My second question: what other things I need to take care before I leave from here? Do I need to notify Social Security Admin? etc.... I want to make sure that I have everything take care of before I leave, in case I decide to come back to work in the US in the future.

Thank you in advance for your advice
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  #2  
Old 01-07-2010, 02:47 PM
Senior Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
10/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jan 2009
Posts: 165
nousername is infamous around these parts
Default

I feel your pain and give you kudos to have finally made that difficult call. I am sure just like you (and me) there are many others who have been thinking about the same but fail to move forward. Good luck for future.

Answers to your questions:

1. I "think" if you stay out of the country for 1yr. you will get a new H1. Gurus can confirm that.
2. I don;t think you need to tell anything to SSA. If you have paid SS for more than 10 yrs then you might be eligible for a pay back after you hit a certain age. In short you don't owe them anything.

On a side note you might want to consider consulate processing for your GC, just a thought..


Quote:
Originally Posted by Hassan11 View Post
Hi All:

I have decided after many years of waiting for my pending I-485 to be approved to return back home for good. I am ROW EB3 with a priority date of May 2005. Last time I checked, my application is pre adjudicated and name check and everything else is completed and just waiting on PD to be current to be approved. However, with the current retrogression and no end in sight, I am throwing the towel and decided to return home. I have been working on EAD for 2 years now and I travel using AP. I didn’t transfer my H-1B visa from my old job to my current employer.

my first question is : in case I go home and I live there for few years and I decide to come back here, can I transfer my old H-1B visa to any new employer in case I find a job with a new company in the future? Or I have to apply for a new H-1B visa to be able to come back.

My second question: what other things I need to take care before I leave from here? Do I need to notify Social Security Admin? etc.... I want to make sure that I have everything take care of before I leave, in case I decide to come back to work in the US in the future.

Thank you in advance for your advice
__________________
Disclaimer: I am not an attorney or immigration guru in anyway or form.
Contributions: Small contributions and participated in San Jose, CA rally. Contributed to 2009 campaign.
Reference: Have introduced few friends to IV.
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  #3  
Old 01-07-2010, 02:57 PM
Senior Member
Priority Date
:
May-05
Category
:
EB3
I140 Mailed Date
:
10/01/2005
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
06/04/2007
Compare
Join Date: Feb 2007
Posts: 243
Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all
Default

is there anything else I need to do before I leave? I am trying to create a checlist of items to be done before my departure.

how can i confirm this 1-year out of country rule for H1B???

Thanks
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  #4  
Old 01-07-2010, 03:01 PM
Senior Member
Priority Date
:
Oct-01
Category
:
EB3
I140 Mailed Date
:
09/05/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/21/2007
Compare
Join Date: Jul 2007
Posts: 571
webm will become famous soon enough
Default

Yes,you can opt for consular processing (CP) for your GC.. referring the pending 485 app and try your luck can happen anywhere..
Many of us here waiting on pending GC decision.

how can i confirm this 1-year out of country rule for H1B??? --> It's a standard sticky rule in place from long time.


All the best!

Last edited by webm; 01-07-2010 at 03:05 PM.
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  #5  
Old 01-07-2010, 03:08 PM
Senior Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
10/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jan 2009
Posts: 165
nousername is infamous around these parts
Default

Save your ticket and mention the dates correctly when you reapply in future.. People at USCIS can dig into their records to find out when you left and if you reentered in between.

Quote:
Originally Posted by Hassan11 View Post
is there anything else I need to do before I leave? I am trying to create a checlist of items to be done before my departure.

how can i confirm this 1-year out of country rule for H1B???

Thanks
__________________
Disclaimer: I am not an attorney or immigration guru in anyway or form.
Contributions: Small contributions and participated in San Jose, CA rally. Contributed to 2009 campaign.
Reference: Have introduced few friends to IV.
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  #6  
Old 01-07-2010, 03:29 PM
Senior Member
Priority Date
:
May-05
Category
:
EB3
I140 Mailed Date
:
10/01/2005
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
06/04/2007
Compare
Join Date: Feb 2007
Posts: 243
Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all
Default Cp?

Thank you for your advice. sorry but I have some follow up questions:


1. do I need to file for CP while I am still in the US or can I do it from my country?
2. CP will be based on a green card for future employment. so am I going to need a Employment verification Letter when i apply for CP? because when I leave from here, I don't think my current employer will provide me with a EVL if I need it in the future.

3. can I find another employer for a smiliar job that can provide me with an EVL in case I need it in the future for CP??

4. do i need to keep an address here in the US ( like a friend's address) for immigration purposes while I am living back home? or a bank account etc.....

5. regarding SSA, I have been contributing since 2002 (9 years) short of the 10 years requirements. is there anything I can do now so I can still get benefits when I turn the retirement age
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  #7  
Old 01-07-2010, 04:22 PM
Senior Member
Priority Date
:
May-05
Category
:
EB3
I140 Mailed Date
:
10/01/2005
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
06/04/2007
Compare
Join Date: Feb 2007
Posts: 243
Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all
Default anybody??

?? Please advice
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  #8  
Old 01-07-2010, 04:33 PM
Senior Member
Priority Date
:
Jan-06
Category
:
EB2
I140 Mailed Date
:
02/02/2002
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
03/03/2003
Compare
Join Date: Jul 2007
Posts: 165
yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold
Default

Quote:
Originally Posted by Hassan11 View Post
Thank you for your advice. sorry but I have some follow up questions:


1. do I need to file for CP while I am still in the US or can I do it from my country?

I am not sure. But if you are in I-485 and leave US without AP then it is considered abandoning your GC. If you file CP then you can leave US without AP.

2. CP will be based on a green card for future employment. so am I going to need a Employment verification Letter when i apply for CP? because when I leave from here, I don't think my current employer will provide me with a EVL if I need it in the future.

Not sure.

3. can I find another employer for a smiliar job that can provide me with an EVL in case I need it in the future for CP??

Yes. And you should. CP interview will ask for valid employment offer.

4. do i need to keep an address here in the US ( like a friend's address) for immigration purposes while I am living back home? or a bank account etc.....

Don't think so. Talk to an Attorney for better understanding.


5. regarding SSA, I have been contributing since 2002 (9 years) short of the 10 years requirements. is there anything I can do now so I can still get benefits when I turn the retirement age
DISCLAIMER: I am not an Attorney and this is not a legal advice.
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  #9  
Old 01-07-2010, 04:57 PM
Senior Member
Priority Date
:
Dec-03
Category
:
EB3
I140 Mailed Date
:
08/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/10/2007
Compare
Join Date: Apr 2008
Posts: 133
gcbikari has a reputation beyond repute gcbikari has a reputation beyond repute gcbikari has a reputation beyond repute gcbikari has a reputation beyond repute gcbikari has a reputation beyond repute gcbikari has a reputation beyond repute gcbikari has a reputation beyond repute gcbikari has a reputation beyond repute gcbikari has a reputation beyond repute gcbikari has a reputation beyond repute gcbikari has a reputation beyond repute
Default Talk to your attorney also

In addition to all replies, I'd recommend you to talk to your attorney that filed your I485.
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  #10  
Old 01-07-2010, 05:05 PM
Senior Member
Priority Date
:
May-05
Category
:
EB3
I140 Mailed Date
:
10/01/2005
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
06/04/2007
Compare
Join Date: Feb 2007
Posts: 243
Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all
Unhappy

I actually don't have a lawyer. I filed for I-485 myself back in 2007

Quote:
Originally Posted by gcbikari View Post
In addition to all replies, I'd recommend you to talk to your attorney that filed your I485.
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  #11  
Old 01-07-2010, 06:35 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
07/03/2007
Compare
Join Date: Aug 2007
Posts: 385
Michael chertoff has a reputation beyond repute Michael chertoff has a reputation beyond repute Michael chertoff has a reputation beyond repute Michael chertoff has a reputation beyond repute Michael chertoff has a reputation beyond repute Michael chertoff has a reputation beyond repute Michael chertoff has a reputation beyond repute Michael chertoff has a reputation beyond repute Michael chertoff has a reputation beyond repute Michael chertoff has a reputation beyond repute Michael chertoff has a reputation beyond repute
Default

Quote:
Originally Posted by Hassan11 View Post
I actually don't have a lawyer. I filed for I-485 myself back in 2007
It is better if you can hire a attorny pay the fees( couple of hundred dollars) and get the answers. at least you will be satisfied.

Best of luck for future. I am also thinking about going back.

MC
__________________
Finally 485 Approved on -- 05/04/2011
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  #12  
Old 01-08-2010, 10:46 AM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 139
hoolahoous is a splendid one to behold hoolahoous is a splendid one to behold hoolahoous is a splendid one to behold hoolahoous is a splendid one to behold hoolahoous is a splendid one to behold hoolahoous is a splendid one to behold hoolahoous is a splendid one to behold
Default

about H1, once your current employment is gone, so is your H1. You can not 'transfer' H1 once you have left your job. You will need a new one.
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  #13  
Old 01-08-2010, 11:03 AM
Donor
Priority Date
:
Jul-08
Category
:
EB2
I140 Mailed Date
:
02/19/2009
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 168
geevikram has a brilliant future geevikram has a brilliant future geevikram has a brilliant future geevikram has a brilliant future geevikram has a brilliant future geevikram has a brilliant future geevikram has a brilliant future geevikram has a brilliant future geevikram has a brilliant future geevikram has a brilliant future geevikram has a brilliant future
Default Just Curious

Quote:
Originally Posted by Michael chertoff View Post

Best of luck for future. I am also thinking about going back.

MC
Just Curious MC, why would you think of going back. Your PD is not way far-off.
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  #14  
Old 01-08-2010, 11:30 AM
Member
Priority Date
:
Dec-05
Category
:
EB3
I140 Mailed Date
:
03/06/2006
Chargeability
:
Hungary
Processing Stage
:
I-485
I485 Mailed Date
:
07/07/2007
Compare
Join Date: Aug 2006
Posts: 37
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Default SS benefits

Regarding SS benefits:
-You can come back any time and do the missing 1-2 years in order to have the full 40points.

-Depend on your country of citizenship your SS benefits could be transferred back and counted for in your native country (For example Germany and the US has some bilateral agreements regarding this) check your Social Security office at home…

-Never really figured out yet but I’m not 100% sure about this: if you have all the 40 points (10years of work) here in the US and you are NOT a permanent resident or citizen (by the time you reach the retirement age) and you go back to your own country then you probably will never receive your SS benefits. Some expert should investigate this, since due to the retrogression more and more folks will be in this situation (having 10 legal working years and no GC)


-based on your PD you are probably ~one year away from getting the GC so why juts not wait and see – you still can prepare your life to go back – but if you by chance will have it I guess it will not hurt…
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  #15  
Old 01-08-2010, 12:32 PM
Senior Member
Priority Date
:
May-05
Category
:
EB3
I140 Mailed Date
:
10/01/2005
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
06/04/2007
Compare
Join Date: Feb 2007
Posts: 243
Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all Hassan11 is a name known to all
Default Thank you for advice

I have some follow up questions:

1. do I need to file for CP (to keep the 485 alive) from the US before I leave or can i file for CP from my home country? assuming that when I leave I will leave on a valid AP


2. when time comes and my PD is current and CP requires an EVL, will CP accept an EVL from any employer as long as the job offer (the new postition) is similar to the one that my LC was based on when I applied for i-485?

4. do i need to keep an address here in the US ( like a friend's address) for immigration purposes while I am living back home? or a bank account etc.....

5. regarding SS benefits, do you have to contribute for 10 years or all it matters is that you accumulate the necessary 40 points to get SS benefits on retirement??
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