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Immigration Issues/Priority date current - apply for GC later?

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Question
Hi Attorney Ajay K Arora,
I guess my case is a little strange as i don't want to apply for I-485 now even though my EB2 priority date is current.
When i started my GC process, i was planning to stay in US and settle down. Now my Priority date is current and have a EB2 based I-140 approved, i am thinking of moving to another country with a possibility of applying my I-485, say two years from now.

1) The reason for my not wanting to apply for GC is because i am moving out of USA for better career prospects and earnings.
2) If i have GC, i am liable for Taxes on my world wide income after the foreign earned income exemption limit.
3) I think the costs involved to apply for I-485s a family of four and the tax liability is a costly Insurance to re-enter US.

My question is, Can i use my approved EB2 I-140, to apply for I-485 in year 2014, if i want to come back to US two years from now.

Thank you
Sridhar

Answer
Hi,

There is no deadline for filing an I-485 application when the priority date is current. Thus, the I-485 can be filed later, as long as the sponsoring company continues to offer you employment upon I-485 approval, and as long as the priority date is still current when the I-485 is filed. Information about priority dates is here: www.h1b1.com/visawaiting.htm

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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