Max

I am considering leaving my job that I have here in the US. Currently
I am on a HB1 Visa and have filed the I-485 in November of 2002, so
well past 180 days and it is currently pending in the California
Service Center and I would expect to receive the card in 1 year from
now based on their current processing times.
My I-485 was filed through my current employer (it is
employment-based), my I-140 was filed, and approved, under the
category of "Distinguished Researchers".

Question: If I quit my job and go back to my native country, will the
I-485 process continue and can I then get it and come back to the US
after it is approved?

Michael E. Piston

It does not appear that your I-485 can continue once you leave your
employer because you no longer have a petitioner and you have made no
mention of a job offer in the same or a similar occupation.

There is no category called "distinguished researcher". I assume that
you mean "outstanding researcher". This is a job classification which
requires a job offer which it appears you will no longer have once you
leave your current employer.

If you did have a valid job offer, leaving the U.S. would nevertheless
abandon your application for adjustment of status unless advance
parole had been approved upon your behalf prior to your leaving the
U.S.. This is true even though you have an H-1B visa unless you are
planning to "resume employment with the same employer for whom he or
she had previously been authorized to work as an H-1 or L-1
nonimmigrant,", which apparently you aren't.

This all assumes that you intend a complete severance of your employer
/employee relationship with your employer, as opposed to merely taking
a leave of absence with the understanding that you will return to
their employ when you become a permanent resident.

Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 206/770-6350

The statements above have not been confirmed by legal research, and
are not intended as legal advice nor to create an attorney-client
relationship.


[email protected] (Max) wrote in message news:<[email protected] om>...
    > I am considering leaving my job that I have here in the US. Currently
    > I am on a HB1 Visa and have filed the I-485 in November of 2002, so
    > well past 180 days and it is currently pending in the California
    > Service Center and I would expect to receive the card in 1 year from
    > now based on their current processing times.
    > My I-485 was filed through my current employer (it is
    > employment-based), my I-140 was filed, and approved, under the
    > category of "Distinguished Researchers".
    >
    > Question: If I quit my job and go back to my native country, will the
    > I-485 process continue and can I then get it and come back to the US
    > after it is approved?

Seth Plate

Michael:

So, I can continue my I-485 if I get a job offer in the similar
occupation. Can the current employer cancel my pending I-485 application?
If I do switch to a new job, in the same location or in a different
state, do I need to let BCIS know?

Thanks in advance,
Seth

[email protected] (Michael E. Piston) wrote in
news:[email protected]:

    > It does not appear that your I-485 can continue once you leave your
    > employer because you no longer have a petitioner and you have made no
    > mention of a job offer in the same or a similar occupation.
    >
    > There is no category called "distinguished researcher". I assume that
    > you mean "outstanding researcher". This is a job classification which
    > requires a job offer which it appears you will no longer have once you
    > leave your current employer.
    >
    > If you did have a valid job offer, leaving the U.S. would nevertheless
    > abandon your application for adjustment of status unless advance
    > parole had been approved upon your behalf prior to your leaving the
    > U.S.. This is true even though you have an H-1B visa unless you are
    > planning to "resume employment with the same employer for whom he or
    > she had previously been authorized to work as an H-1 or L-1
    > nonimmigrant,", which apparently you aren't.
    >
    > This all assumes that you intend a complete severance of your employer
    > /employee relationship with your employer, as opposed to merely taking
    > a leave of absence with the understanding that you will return to
    > their employ when you become a permanent resident.
    >
    > Michael E. Piston
    > Attorney at Law
    > Michael E. Piston P.C.
    > 4000 Livernois Ste 110
    > Troy, MI 48098
    > 248/680-0600
    > Direct fax: 206/770-6350
    >
    > The statements above have not been confirmed by legal research, and
    > are not intended as legal advice nor to create an attorney-client
    > relationship.