Staying in and Working from Home Country with Long-Pending I-485

Question details

My I-485 is pending, and my PD is from October 2014. So, it will take a while for my case to be adjudicated. I have an EAD and AP that are valid for five years.

1. Can I go back to India through the same employer, work for 2 to 3 years, and return when my case is current?

2. Can I convert my case to consular processing and go back to India, but can the derivative continue working in the USA until my case is adjudicated?


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FAQ Transcript

 You can stay in India for an extended period while your Form I-485 is pending, especially if you have a valid Advance Parole document and Employment Authorization Document (EAD) for five years. However, maintaining continuity in your job is crucial. If you're still working remotely for the same employer or a different one under the same or similar job, there shouldn't be significant issues.

Quitting your job may raise questions about your green card eligibility. However, if you obtain a job offer from another company, filing a supplement J to demonstrate job continuity is advisable. This ensures that you can re-enter the US smoothly using your Advance Parole upon green card approval.

You can return to India to work for the same employer for multiple years and then come back to the US. You can also convert your case to consular processing if needed, provided there's continuity in your job. As long as your Advance Parole is valid, there shouldn't be any significant impact on your pending Form I-485 until your priority dates become current.