Adjustment of Status case is pending but I am out of USA, how to get back

[dumbman 0]

Hi Folks,

Good morning. My adjustment of status is pending with USICS in Texas (I filed this in 2007) under employment based category. My priority date is Sept 2006 under EB3. My priority date is 1 year later than the current priority date.

I received an email from USICS more than 1 year back saying my adjustment of status is under final review and I didn't hear from them after that. I am guessing they might put my case in the back burner because of my priority date is still 1 year behind the current priority date.

My last EAD and Advance Parole was expired in 2010 and I didn't renew my EAD or Advance Parole documents after that as I moved back to my country in 2010.

After moved back from US to my country in 2010, I am working for US based companies in my country all the time. Now I am tired of working in my country because of various reasons and want to move back to US. What is the best way to approach in this scenario?

I definitely missing my close friends in US and want to visit them for pleasure trip so I want to come on B1/B2 temporarily.

After coming to USA on Visiting visa (B1/B2) and can I approach USICS for status of my case "Adjustment of status" thru lawyers?

If I come to USA on Visiting visa (B1/B2) and can I apply for the EAD and Advance Parole and stay there, will it be illegal? If it is illegal then I don't want do it.

Please advise. Thanks in advance.

Thanks,

dumbman

[3rd 84]

If you left the USA while your AOS was pending, and let your EAD/AP expire, I imagine this would mean the USCIS have taken your application as an abandonment. Unless you're married to a USC I can't see there being any paperwork for you to file to get back into the USA easily, but I'm sure another member might be able to advise you better than I can. Getting any kind of B visa might not be applicable to you now as you've already tried to adjust your status once before.

Hopefully someone else can weigh in on this, but of my knowledge of the laws it might not be quite so easy.

[JohnR! 5,495]

You have abandoned your residence when you left the country before completing your AOS. What you plan to do - entering o B1/B2 visa to AOS is considered immigration fraud.

I don't believe a lawyer could help you either. You abandoned the process and there isn't much recourse.

Good luck.

Hi Folks,

Good morning. My adjustment of status is pending with USICS in Texas (I filed this in 2007) under employment based category. My priority date is Sept 2006 under EB3. My priority date is 1 year later than the current priority date.

I received an email from USICS more than 1 year back saying my adjustment of status is under final review and I didn't hear from them after that. I am guessing they might put my case in the back burner because of my priority date is still 1 year behind the current priority date.

My last EAD and Advance Parole was expired in 2010 and I didn't renew my EAD or Advance Parole documents after that as I moved back to my country in 2010.

After moved back from US to my country in 2010, I am working for US based companies in my country all the time. Now I am tired of working in my country because of various reasons and want to move back to US. What is the best way to approach in this scenario?

I definitely missing my close friends in US and want to visit them for pleasure trip so I want to come on B1/B2 temporarily.

After coming to USA on Visiting visa (B1/B2) and can I approach USICS for status of my case "Adjustment of status" thru lawyers?

If I come to USA on Visiting visa (B1/B2) and can I apply for the EAD and Advance Parole and stay there, will it be illegal? If it is illegal then I don't want do it.

Please advise. Thanks in advance.

Thanks,

dumbman

[Boiler 46,296]

EB2 is an employment category, OP was petitioned by an employer so there will be a Lawyer involved. Have you spoken with the Employer/Lawyer?

[dumbman 0]

Thank you all for the clarifications. These are helpful. Thanks.

[newacct 688]

So your AOS has been pending for 8 years? Meaning that the category was current when you filed, but then retrogressed?

Your situation is complicated because someone who leaves while AOS is pending abandons AOS unless they have AP or H or L status. You had AP, and (from the fact you got employment based petition) probably also H1b status when you left, so you didn't abandon it then. However, your AP has expired, and your H1b petition is probably also expired; I am not sure if that would also abandon the AOS, or whether it is okay as long as you go back with an H1b visa.

Anyway, even if your AOS is abandoned, that doesn't affect the underlying petition, and you should be able to do Consular Processing once a visa number becomes available.

[dumbman 0]

So your AOS has been pending for 8 years? Meaning that the category was current when you filed, but then retrogressed?

Your situation is complicated because someone who leaves while AOS is pending abandons AOS unless they have AP or H or L status. You had AP, and (from the fact you got employment based petition) probably also H1b status when you left, so you didn't abandon it then. However, your AP has expired, and your H1b petition is probably also expired; I am not sure if that would also abandon the AOS, or whether it is okay as long as you go back with an H1b visa.

Anyway, even if your AOS is abandoned, that doesn't affect the underlying petition, and you should be able to do Consular Processing once a visa number becomes available.

Hi newacct,

Thanks for your reply. I am sorry, I am responding this after a long time. I am in a depression after learning my status is now abandoned and I didn't check any messages for long time.

To give you additional info I entered into USA on H1B and my AOS was filed in 2007 but it was current at that time but later it was retrogressed. Your got that absolutely correct.

I want to do everything legally and don't want take chances. I have lot of job offers from US employers and planning to get the H1B visa done in next year quota, if I am lucky enough to be picked by the system in lottery.

Mean while, Could you please give me some more info on Consular processing and whether I am eligible to apply for consular processing. Could you please advise me how I can proceed with Consular Processing.

One of college mates who is almost in same situation as me, got Consular processing done in my country very easily. But only exception I can think of is I am not sure whether his AP or H1B extended or not. I am positive that he also didn't extended his AP or H1B petitions.

But one thing is I never got any rejection letters from USICS about my AOS status. I am not sure whether they will also send any rejection letters for abandoned cases on AOS status (or status emails).

Any helpful advise from your side is greatly appreciated. Thanks in advance.

Thanks,

Dumbman

[Boiler 46,296]

EB2 is an employment category, OP was petitioned by an employer so there will be a Lawyer involved. Have you spoken with the Employer/Lawyer?

In case you missed the above.

[Hypnos 6,578]

As stated, your old AoS application is gone. You abandoned it by remaining outside of the US for so long and letting your AP expire.

You should consult with the attorney your employer retained to process your application, though it's unlikely it will be able to be resurrected in any meaningful way.

This should not be an impediment to obtaining a new H-1B, however, and possibly obtaining a green card through that in the fullness of time.

[dumbman 0]

EB2 is an employment category, OP was petitioned by an employer so there will be a Lawyer involved. Have you spoken with the Employer/Lawyer?

Hi Boiler,

Lawyer is involved until I got I-140 approval. But for I-485 and EAD, AP I filed my self.

Employer was not in picture after 1 year of I-140 approval.

Thanks

[Boiler 46,296]

Why is your Employer no longer involved. Feels like there is a lot missing.

[dumbman 0]

Why is your Employer no longer involved. Feels like there is a lot missing.

Hi Boiler,

Sorry for the late reply. I signed up this forum with an email id I rarely use.

I have applied for AOS, EAD, and AP (as lot of individuals do), 1 year after my I-140 was approved as there is no need for the lawyer, as you may be already aware, individuals persons can file for their Adjustment of Status instead of lawyers. Since I got EAD and AP also there is no problem and even my bio-metric processing was done in 2007. I didn't hear back from USICS, I am guessing they may be treated my application as abandoned.

Now, I am guessing, I have to start from scratch for my green card application, if I come back to us. Do you know whether I am able to use my old "A#" and my previous priority dates again in green card processing?

Thanks in advance.

[Boiler 46,296]

Is this a NIW?

[dumbman 0]

Is this a NIW?

No, This is not NIW.

[Boiler 46,296]

So how do you intend to get a GC?