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Jack Davis

Withdrawing I-485, moving back to Canada

By Jack Davis in Work Visas

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Jack Davis Newbie

Jack Davis   0

Posted
Filed: H-1B Visa Country: Canada
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Posted

Hey Guys,

I have a rather unique situation which I'd like to get some advice on. My situation:

I began applying for a GC through my H1 visa in the EB2 category about the middle of last year. My PERM got approved a few months ago, and my lawyers have just submitted my i-140 and i-485. They say they should be through in 3-4 months. Sounds good so far, but...

When I submitted the i-485 I didn't realize what this form was about, my lawyer didn't explain. A month ago I learned some personal (family) information that will necessitate me moving back home to Canada for a few years (at least 2) at the beginning of next year. Now I realize I'm in this predicament with my i-485 that I'll be receiving a green card I can't end up keeping.

My question is about what to do. Should I go through with the process and then surrender the greencard almost immedately, or should I withdraw my i-485 petition. The things I have in mind that are really kicking me are that in the future I'd like to be able to work temporarily in the US on a TN and attend business school on an F1 (in at least 2 years from now). So:

1) Will having filed an i-485 that I withdraw make me basically ineligible for a TN or F1 Visa in a few years? (Did I already shoot myself in the foot)

2) Would it be better/worse for me to withdraw or should I just take the Greencard and try to hold on to it for as long as I can? In this case, would it be worse for a TN visa to have had a green card and surrendered it, or withdrawn a i-485?

3) Would withdrawing my I-485 make it really hard to get a greencard in the future if I want one down the line?

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Boiler Grand Master

Boiler   43,599

Posted
Filed: K-1 Visa Country: Wales
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Posted

Sounds like it would be best to withdraw and start again when you can.

It is the Companies application, not yours so that answers the other questions.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Jack Davis Newbie

Jack Davis   0

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Filed: H-1B Visa Country: Canada
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Posted

The company is indeed filing it, but it is for me. At the end of the process I will get a greencard, so that must show some immigration intent. Might this effect F1 or TN visa in the future, and if so, what can I do now to mitigate the effects?

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Boiler Grand Master

Boiler   43,599

Posted
Filed: K-1 Visa Country: Wales
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Posted

It may suggest that you had immigrant intent.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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