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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