It Is Possible to Continue the Green Card Process If I Leave the US

Dr. William:

I am a Post Doctor with H1B status, and my I-140/I-485 application sponsored by current employer is pending now. I want to know if it possible to continue the green card process if I leave the US to work in my home country for a while? I also have an EAD which will expires within 5 months.


Answer:

Yes, you can continue the Green Card processing while outside the U.S. The sponsoring employer either must intend to hire you upon your reentering the U.S., or you have to find the same or similar employment, if eligible, under AC21 portability in order for the USCIS to approve the I-485. 

But the EAD does not give you legal status to leave the U.S. or reenter. You can reenter the U.S. with an Advance Parole, or the H1B petition and visa stamp in the passport.

 

 

 

 

     

 

 

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