I-485 Approved After Being Out Of US For 1 Year
Guru's please help with the following situation: Labor PD: Dec 2002, Labor approved Feb 2005, I-140 approved May 2005, Filed I-485 (because of retrogation) in May 2006 for both me and wife . Got EAD's for both Dec 2006. Got laid off in Feb 2007 from sponsoring company (American company), was sure that the employer will cancel H1 and the whole GC process. Thus decided to return to home country (India) for good, because if employer withdraws both H1 and GC process then I would be left without status. Changed address to friends US address for USCIS records just to make sure that any communication from USCIS like notices of employer withdrawal of H1, GC etc. do not get lost in the mail. Left US on April 24th 2007, have been in India since. To my suprise on April 21st 2008 - I got the automated email from USCIS that 485 has been approved and the I-797 approval notice of action was received at my friends US address with a note that the plastic card should arrive within 30 days.
I have the following questions:
1) Is this GC valid? If so what about my wife's case?
2) Can it be used to enter the US and work and live there? Any problems at the POE?
3) Any other thoughts, comments, concerns?
4) If I decide to cancel the GC, how is that done?
5) If I cancel the GC will it have any effects on our future entry to the US or getting another GC in the future through my children who are US Citizens?
Re: 485 Approved After Being Out Of US For 1 Year
From what you say, you seem to have left the country long before you "got" your Green Card, and you make not mention of advance parole, so with more than a year out of the U.S. I think you're out of luck on the Green Card. I don't see how you could avoid a finding that you abandoned permanent residency.
In terms of the H1B, if you still have some time left to run on your H1B and you have a qualified employer in the U.S., you can probably return on your H1B (but that doesn't fix the permanent residency problem).
You can formally abandon permanent residency, if you choose. (Get form I-407 from your consulate or embassy.) That may make you look better if you later reapply. But if you're serious about trying to get permanent residency in the future, before you do anything else, consult an immigration lawyer - if there's a piece to your puzzle that I don't know, I don't want to steer you in the wrong direction.