Lax

Hi,
In my Green card processing, I'm at "cleared Labour and I140 and
waiting for my priority date to become current to apply for I485"
state. I might be required to go back to my home country and spend a
couple of years there. My employer would keep me in the US job, but is
unlikey to pay any salary during my out-of-country stay.

Does any one know what effect this would have on my Green card
processing?
Could I keep my current state in a temporary suspension and after two
years, come back and pick it from there? Will my Priority dates still
be valid?
In general I'm concerned it might affect my processing and I might
have to start over again.

Thanks for your time,
Reddy

mmde105us

On Feb 19, 2:08 pm, "Lax" <[email protected]> wrote:
> Hi,
> In my Green card processing, I'm at "cleared Labour and I140 and
> waiting for my priority date to become current to apply for I485"
> state. I might be required to go back to my home country and spend a
> couple of years there. My employer would keep me in the US job, but is
> unlikey to pay any salary during my out-of-country stay.
>
> Does any one know what effect this would have on my Green card
> processing?
> Could I keep my current state in a temporary suspension and after two
> years, come back and pick it from there? Will my Priority dates still
> be valid?
> In general I'm concerned it might affect my processing and I might
> have to start over again.
>
> Thanks for your time,
> Reddy

You can apply now for your I-485 without priority date and even you
can apply for EAD. The processing will start upon availability of visa
number, meanwhile you will be legal and have working permit. if your
I140 is approved the EAD will be soon

Joe Feise

[email protected] wrote on 02/20/07 13:41:

> On Feb 19, 2:08 pm, "Lax" <[email protected]> wrote:
>> Hi,
>> In my Green card processing, I'm at "cleared Labour and I140 and
>> waiting for my priority date to become current to apply for I485"
>> state. I might be required to go back to my home country and spend a
>> couple of years there. My employer would keep me in the US job, but is
>> unlikey to pay any salary during my out-of-country stay.
>>
>> Does any one know what effect this would have on my Green card
>> processing?
>> Could I keep my current state in a temporary suspension and after two
>> years, come back and pick it from there? Will my Priority dates still
>> be valid?
>> In general I'm concerned it might affect my processing and I might
>> have to start over again.
>>
>> Thanks for your time,
>> Reddy
>
> You can apply now for your I-485 without priority date and even you
> can apply for EAD.


Huh? That is *wrong*.

> The processing will start upon availability of visa
> number, meanwhile you will be legal and have working permit.


No. THe I-485 would be denied, since the PD isn't current.

> if your
> I140 is approved the EAD will be soon


Nope. An EAD would be denied because the underlying I-485 would be invalid.
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

Finalizer

--
The longer I live, the more I'm convinced that being logical is no longer
considered mainstream.
<[email protected]> wrote in message
news:[email protected] oups.com...
| On Feb 19, 2:08 pm, "Lax" <[email protected]> wrote:
| > Hi,
| > In my Green card processing, I'm at "cleared Labour and I140 and
| > waiting for my priority date to become current to apply for I485"
| > state. I might be required to go back to my home country and spend a
| > couple of years there. My employer would keep me in the US job, but is
| > unlikey to pay any salary during my out-of-country stay.
| >
| > Does any one know what effect this would have on my Green card
| > processing?
| > Could I keep my current state in a temporary suspension and after two
| > years, come back and pick it from there? Will my Priority dates still
| > be valid?
| > In general I'm concerned it might affect my processing and I might
| > have to start over again.
| >
| > Thanks for your time,
| > Reddy
|
| You can apply now for your I-485 without priority date and even you
| can apply for EAD. The processing will start upon availability of visa
| number, meanwhile you will be legal and have working permit. if your
| I140 is approved the EAD will be soon
|

This is one reason why you shouldn't easily trust what posted in newsgroups!

You SHOULD NOT apply for an I-485 when the priority date is not current or
when the visa is not immediately available. If you file anyway, the I-485
will be denied because it's not properly filed.