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Hi, I applied for I485 AOS. My I140 got approved based on EB1A. I have also applied for EAD and AP. I am expecting that in few weeks I will be losing by job. when I get the EAD with AP, can I go back to my home country and return say after 2 months. Will it cause problems. Assuming if I get the GC when I am india. Can I ask my friend to send the GC by post. Can I enter US with my GC.
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Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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I assume that your EB-1A had you both as the petitioner and beneficiary and not your company. In such circumstance, I see no problem with your leaving the U. S. on advance parole. If the green card is issued during the time that you are overseas, you can have your friend send it to you, and you can reenter the U. S. on the basis of the card. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 02nd, 2016 at 9:53 AM
It is not advisable to travel with AP under such circumstances. You risk being stuck outside the Ynited Staresshoukd an adverse decision be made in your application. It would be advisable to wait until a decision has been made on your green card application. If you need to travel urgently, I encourage you to schedule a consultation with an attorney to discuss the matter thoroughly. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.
Answered on Jul 05th, 2016 at 3:23 AM