I-485 approved after left US
Jun 25th 2004, 6:02 pm
#1
Guest
Posts: n/a
I-485 approved after left US
Hi, I have an interesting situation (or, at least, interesting to me) and hope
that some of the people on this group may be able to advise.
About three years ago, I was working under an H1-B visa and decided that I'd
had enough. I quit my job and returned to my home country. I later received
notification that my pending I-485 application had been approved about six
weeks after I'd left the US. It asked me to report to my local INS office to
put my fingerprints and autograph on an I-89. Naturally, being in another
country, I didn't do this. I did have an I-131 advance parole at the time,
though when I left the country I had no intention of using it to return. It
has, of course, long since expired, as has the H1-B. I haven't returned to the
US since.
Now to my questions - would the I-485 approval have been automatically
invalidated given that I left the US to return home? If not, does the fact
that I never went to fill in I-89 mean that I did not have permanent resident
status for the year I left or for following years?
Finally, with all this mess, what kind of experience can I expect if I head to
the US for a relaxing holiday?
Thanks
that some of the people on this group may be able to advise.
About three years ago, I was working under an H1-B visa and decided that I'd
had enough. I quit my job and returned to my home country. I later received
notification that my pending I-485 application had been approved about six
weeks after I'd left the US. It asked me to report to my local INS office to
put my fingerprints and autograph on an I-89. Naturally, being in another
country, I didn't do this. I did have an I-131 advance parole at the time,
though when I left the country I had no intention of using it to return. It
has, of course, long since expired, as has the H1-B. I haven't returned to the
US since.
Now to my questions - would the I-485 approval have been automatically
invalidated given that I left the US to return home? If not, does the fact
that I never went to fill in I-89 mean that I did not have permanent resident
status for the year I left or for following years?
Finally, with all this mess, what kind of experience can I expect if I head to
the US for a relaxing holiday?
Thanks
Jun 26th 2004, 2:24 am
#2
Guest
Posts: n/a
Re: I-485 approved after left US
>Subject: I-485 approved after left US
>From: futureworlds [email protected]
>Date: 6/26/2004 2:02 AM Eastern Standard Time
>Message-id: <[email protected] s.it>
>Hi, I have an interesting situation (or, at least, interesting to me) and
>hope
>that some of the people on this group may be able to advise.
>About three years ago, I was working under an H1-B visa and decided that I'd
>had enough. I quit my job and returned to my home country. I later received
>notification that my pending I-485 application had been approved about six
>weeks after I'd left the US. It asked me to report to my local INS office to
>put my fingerprints and autograph on an I-89. Naturally, being in another
>country, I didn't do this. I did have an I-131 advance parole at the time,
>though when I left the country I had no intention of using it to return. It
>has, of course, long since expired, as has the H1-B. I haven't returned to
>the
>US since.
>Now to my questions - would the I-485 approval have been automatically
>invalidated given that I left the US to return home? If not, does the fact
>that I never went to fill in I-89 mean that I did not have permanent resident
>status for the year I left or for following years?
>Finally, with all this mess, what kind of experience can I expect if I head
>to
>the US for a relaxing holiday?
Since you did not show up you never had a green card.
>From: futureworlds [email protected]
>Date: 6/26/2004 2:02 AM Eastern Standard Time
>Message-id: <[email protected] s.it>
>Hi, I have an interesting situation (or, at least, interesting to me) and
>hope
>that some of the people on this group may be able to advise.
>About three years ago, I was working under an H1-B visa and decided that I'd
>had enough. I quit my job and returned to my home country. I later received
>notification that my pending I-485 application had been approved about six
>weeks after I'd left the US. It asked me to report to my local INS office to
>put my fingerprints and autograph on an I-89. Naturally, being in another
>country, I didn't do this. I did have an I-131 advance parole at the time,
>though when I left the country I had no intention of using it to return. It
>has, of course, long since expired, as has the H1-B. I haven't returned to
>the
>US since.
>Now to my questions - would the I-485 approval have been automatically
>invalidated given that I left the US to return home? If not, does the fact
>that I never went to fill in I-89 mean that I did not have permanent resident
>status for the year I left or for following years?
>Finally, with all this mess, what kind of experience can I expect if I head
>to
>the US for a relaxing holiday?
Since you did not show up you never had a green card.
Jun 26th 2004, 11:03 am
#3
Guest
Posts: n/a
Re: I-485 approved after left US
should of gone to your local US embassy and ask what can be done in this
case. probably nothing but it's better to ask.
"Hnchoksi" <[email protected]> wrote in message
news:[email protected]...
> >Subject: I-485 approved after left US
> >From: futureworlds [email protected]
> >Date: 6/26/2004 2:02 AM Eastern Standard Time
> >Message-id: <[email protected] s.it>
> >
> >Hi, I have an interesting situation (or, at least, interesting to me) and
> >hope
> >that some of the people on this group may be able to advise.
> >
> >About three years ago, I was working under an H1-B visa and decided that
I'd
> >had enough. I quit my job and returned to my home country. I later
received
> >
> >notification that my pending I-485 application had been approved about
six
> >weeks after I'd left the US. It asked me to report to my local INS
office to
> >
> >put my fingerprints and autograph on an I-89. Naturally, being in
another
> >country, I didn't do this. I did have an I-131 advance parole at the
time,
> >though when I left the country I had no intention of using it to return.
It
> >has, of course, long since expired, as has the H1-B. I haven't returned
to
> >the
> >US since.
> >
> >Now to my questions - would the I-485 approval have been automatically
> >invalidated given that I left the US to return home? If not, does the
fact
> >that I never went to fill in I-89 mean that I did not have permanent
resident
> >
> >status for the year I left or for following years?
> >
> >Finally, with all this mess, what kind of experience can I expect if I
head
> >to
> >the US for a relaxing holiday?
> >
> Since you did not show up you never had a green card.
case. probably nothing but it's better to ask.
"Hnchoksi" <[email protected]> wrote in message
news:[email protected]...
> >Subject: I-485 approved after left US
> >From: futureworlds [email protected]
> >Date: 6/26/2004 2:02 AM Eastern Standard Time
> >Message-id: <[email protected] s.it>
> >
> >Hi, I have an interesting situation (or, at least, interesting to me) and
> >hope
> >that some of the people on this group may be able to advise.
> >
> >About three years ago, I was working under an H1-B visa and decided that
I'd
> >had enough. I quit my job and returned to my home country. I later
received
> >
> >notification that my pending I-485 application had been approved about
six
> >weeks after I'd left the US. It asked me to report to my local INS
office to
> >
> >put my fingerprints and autograph on an I-89. Naturally, being in
another
> >country, I didn't do this. I did have an I-131 advance parole at the
time,
> >though when I left the country I had no intention of using it to return.
It
> >has, of course, long since expired, as has the H1-B. I haven't returned
to
> >the
> >US since.
> >
> >Now to my questions - would the I-485 approval have been automatically
> >invalidated given that I left the US to return home? If not, does the
fact
> >that I never went to fill in I-89 mean that I did not have permanent
resident
> >
> >status for the year I left or for following years?
> >
> >Finally, with all this mess, what kind of experience can I expect if I
head
> >to
> >the US for a relaxing holiday?
> >
> Since you did not show up you never had a green card.
Jun 27th 2004, 6:49 am
#4
Guest
Posts: n/a
Re: I-485 approved after left US
[email protected] (Hnchoksi) wrote:
> >From: futureworlds [email protected]
> >Now to my questions - would the I-485 approval have been automatically
> >invalidated given that I left the US to return home? If not, does the fact
> >that I never went to fill in I-89 mean that I did not have permanent resident
> >status for the year I left or for following years?
> Since you did not show up you never had a green card.
So, if I'm understanding you correctly, it's the I-89 that finalises your
permanent residence status? So in that case, I never had permanent resident
status at all even though the I-485 had been approved?
If this is correct I'm very pleased. I know lots of people are fighting to
become a LPR, but it's not the kind of thing you want to happen after you've
returned back to your home country!
> >From: futureworlds [email protected]
> >Now to my questions - would the I-485 approval have been automatically
> >invalidated given that I left the US to return home? If not, does the fact
> >that I never went to fill in I-89 mean that I did not have permanent resident
> >status for the year I left or for following years?
> Since you did not show up you never had a green card.
So, if I'm understanding you correctly, it's the I-89 that finalises your
permanent residence status? So in that case, I never had permanent resident
status at all even though the I-485 had been approved?
If this is correct I'm very pleased. I know lots of people are fighting to
become a LPR, but it's not the kind of thing you want to happen after you've
returned back to your home country!
Jul 3rd 2004, 3:17 am
#5
Guest
Posts: n/a
Re: I-485 approved after left US
futureworlds <[email protected]> wrote:
> [email protected] (Hnchoksi) wrote:
> > >From: futureworlds [email protected]
> > >Now to my questions - would the I-485 approval have been automatically
> > >invalidated given that I left the US to return home? If not, does the fact
> > >that I never went to fill in I-89 mean that I did not have permanent resident
> > >status for the year I left or for following years?
> >
> > Since you did not show up you never had a green card.
> So, if I'm understanding you correctly, it's the I-89 that finalises your
> permanent residence status? So in that case, I never had permanent resident
> status at all even though the I-485 had been approved?
Could anyone please confirm if this is correct?
> [email protected] (Hnchoksi) wrote:
> > >From: futureworlds [email protected]
> > >Now to my questions - would the I-485 approval have been automatically
> > >invalidated given that I left the US to return home? If not, does the fact
> > >that I never went to fill in I-89 mean that I did not have permanent resident
> > >status for the year I left or for following years?
> >
> > Since you did not show up you never had a green card.
> So, if I'm understanding you correctly, it's the I-89 that finalises your
> permanent residence status? So in that case, I never had permanent resident
> status at all even though the I-485 had been approved?
Could anyone please confirm if this is correct?
Jul 4th 2004, 9:59 am
#6
Guest
Posts: n/a
Re: I-485 approved after left US
A.Melon <[email protected]> wrote in message news:<caa5f47316ee02df4572c289ab932fc3@melontraffi ckers.com>...
> futureworlds <[email protected]> wrote:
> > [email protected] (Hnchoksi) wrote:
> > > >From: futureworlds [email protected]
> > > >Now to my questions - would the I-485 approval have been automatically
> > > >invalidated given that I left the US to return home? If not, does the fact
> > > >that I never went to fill in I-89 mean that I did not have permanent resident
> > > >status for the year I left or for following years?
> > >
> > > Since you did not show up you never had a green card.
> >
> > So, if I'm understanding you correctly, it's the I-89 that finalises your
> > permanent residence status? So in that case, I never had permanent resident
> > status at all even though the I-485 had been approved?
>
> Could anyone please confirm if this is correct?
What "finalizes" the permanent residency status is the approval of I-485.
However, in the case presented here, that approval was made in error since
the applicant has abandonned the United States. So the applicant never
became immigrant.
As to the questions of maybe running into trouble if you want to come
the US for relaxing holidays, the only possible problem is that when
applying for a visa (if you need a visa), you will be asked whether you
ever had taken any steps to be able to remain in the US on a permanent
basis. And you will have to answer Yes. This may raise a red flag with
the visa officer, and you will have to convince him/her that you don't
intend to stay this time, just to visit.
So it raises the probabiliy of being denied, nothing more.
http://DV2006.com
> futureworlds <[email protected]> wrote:
> > [email protected] (Hnchoksi) wrote:
> > > >From: futureworlds [email protected]
> > > >Now to my questions - would the I-485 approval have been automatically
> > > >invalidated given that I left the US to return home? If not, does the fact
> > > >that I never went to fill in I-89 mean that I did not have permanent resident
> > > >status for the year I left or for following years?
> > >
> > > Since you did not show up you never had a green card.
> >
> > So, if I'm understanding you correctly, it's the I-89 that finalises your
> > permanent residence status? So in that case, I never had permanent resident
> > status at all even though the I-485 had been approved?
>
> Could anyone please confirm if this is correct?
What "finalizes" the permanent residency status is the approval of I-485.
However, in the case presented here, that approval was made in error since
the applicant has abandonned the United States. So the applicant never
became immigrant.
As to the questions of maybe running into trouble if you want to come
the US for relaxing holidays, the only possible problem is that when
applying for a visa (if you need a visa), you will be asked whether you
ever had taken any steps to be able to remain in the US on a permanent
basis. And you will have to answer Yes. This may raise a red flag with
the visa officer, and you will have to convince him/her that you don't
intend to stay this time, just to visit.
So it raises the probabiliy of being denied, nothing more.
http://DV2006.com
Jul 4th 2004, 11:12 pm
#7
Guest
Posts: n/a
Re: I-485 approved after left US
[email protected] (DV2006.com) wrote:
> What "finalizes" the permanent residency status is the approval of I-485.
> However, in the case presented here, that approval was made in error since
> the applicant has abandonned the United States. So the applicant never
> became immigrant.
Thank you very much for your comprehensive answer, it's much appreciated.
Will the INS have automatically worked this out for themselves from airport
records and the like, or do you think it's worth me notifying them that it was
approved in error?
> What "finalizes" the permanent residency status is the approval of I-485.
> However, in the case presented here, that approval was made in error since
> the applicant has abandonned the United States. So the applicant never
> became immigrant.
Thank you very much for your comprehensive answer, it's much appreciated.
Will the INS have automatically worked this out for themselves from airport
records and the like, or do you think it's worth me notifying them that it was
approved in error?
Jul 5th 2004, 4:09 am
#8
Guest
Posts: n/a
Re: I-485 approved after left US
[email protected] (DV2006.com) wrote:
> What "finalizes" the permanent residency status is the approval of I-485.
> However, in the case presented here, that approval was made in error since
> the applicant has abandonned the United States. So the applicant never
> became immigrant.
Actually, I do have another question, I'm afraid. Something else has just
occurred to me.
The IRS says that an alien is considered resident if they "have been given the
privilege, according to the immigration laws, of residing permanently in the
United States as an immigrant". Given that this approval was in error, does
that mean that they won't consider me a resident? I've only been filing non-
resident returns, so I hope so!
> What "finalizes" the permanent residency status is the approval of I-485.
> However, in the case presented here, that approval was made in error since
> the applicant has abandonned the United States. So the applicant never
> became immigrant.
Actually, I do have another question, I'm afraid. Something else has just
occurred to me.
The IRS says that an alien is considered resident if they "have been given the
privilege, according to the immigration laws, of residing permanently in the
United States as an immigrant". Given that this approval was in error, does
that mean that they won't consider me a resident? I've only been filing non-
resident returns, so I hope so!
Jul 6th 2004, 3:16 am
#9
Forum Regular
Joined: Jul 2004
Posts: 102
Re: I-485 approved after left US
Originally posted by Futureworlds
Hi, I have an interesting situation (or, at least, interesting to me) and hope
that some of the people on this group may be able to advise.
About three years ago, I was working under an H1-B visa and decided that I'd
had enough. I quit my <A TITLE="Click for more information about job" STYLE="text-decoration: none; border-bottom: medium solid green;" HREF="http://search.targetwords.com/u.search?x=5977|1||||job|AA1VDw">job</A> and returned to my home country. I later received
notification that my pending I-485 application had been approved about six
weeks after I'd left the US. It asked me to report to my local INS office to
put my fingerprints and autograph on an I-89. Naturally, being in another
country, I didn't do this. I did have an I-131 advance parole at the time,
though when I left the country I had no intention of using it to return. It
has, of course, long since expired, as has the H1-B. I haven't returned to the
US since.
Now to my questions - would the I-485 approval have been automatically
invalidated given that I left the US to return home? If not, does the fact
that I never went to fill in I-89 mean that I did not have permanent resident
status for the year I left or for following years?
Finally, with all this mess, what kind of experience can I expect if I head to
the US for a relaxing holiday?
Thanks
Hi, I have an interesting situation (or, at least, interesting to me) and hope
that some of the people on this group may be able to advise.
About three years ago, I was working under an H1-B visa and decided that I'd
had enough. I quit my <A TITLE="Click for more information about job" STYLE="text-decoration: none; border-bottom: medium solid green;" HREF="http://search.targetwords.com/u.search?x=5977|1||||job|AA1VDw">job</A> and returned to my home country. I later received
notification that my pending I-485 application had been approved about six
weeks after I'd left the US. It asked me to report to my local INS office to
put my fingerprints and autograph on an I-89. Naturally, being in another
country, I didn't do this. I did have an I-131 advance parole at the time,
though when I left the country I had no intention of using it to return. It
has, of course, long since expired, as has the H1-B. I haven't returned to the
US since.
Now to my questions - would the I-485 approval have been automatically
invalidated given that I left the US to return home? If not, does the fact
that I never went to fill in I-89 mean that I did not have permanent resident
status for the year I left or for following years?
Finally, with all this mess, what kind of experience can I expect if I head to
the US for a relaxing holiday?
Thanks
Your I-485 would have been invalidated the moment you quit (or were fired from) your job. The I-485 is based on a job with a particular employer. Your employer would have notified the INS.
