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Posted on 16 Feb 2011
Q.

Return to US without valid AP

I have applied for employment based GC(filed I-485) and was on AOS since July 2007 in USA. My I-140 is also approved and priority date is Sept 2005 (EB3 India). My wife and kid have filed for dependent AOS. I was working in US on AOS using EAD. We return back to India on Nov 2009 due to family reason. Before moving to India I filed I-824 to change the immigration status to CP. We are in India and now our family issues are resolved and we want to return back to USA. We don't have valid EAD or Advance Parole. Can you pls, let me know how can we return to USA? If my GC employer gives a letter, can I get transient visa to travel to US. If I travel to US on B1/L1/H1, can I again start my GC Process. Any other options we have? (I am not sure if it matters but one of my kid is American Citizen.)

User's Location: India
Category: Employment-based Green Card
Posted on 16 Feb 2011
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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