Hello All
My PD is 6/20/2007 and I filed 140/485 concurrently. My 140 got approved last month and my H1 is valid till Jan2011.
If my firm asks me to leave, then I am planning to transfer H1 to Company B and the new firm is willing to assist me to use AC21. If I'm not able to get a new client through Company B within 30days, then they're asking me to move out of the country so that there is no need for them to generate payroll and I can come back when I get a new contract.
I'm still with Company A and last week I renewed my AP. My question is
1. Will it affect my GC or AC21 if I move out of country for 1-2 years?
2. Will it be an issue If my AP gets expired when I'm not in States? I know that I can always enter using my H1 visa.
Cheers
Robbie
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to robbie707:
1. I don't think you can retain h1b status while gone out of the country for 1-2 years, not at least legally. if your employer does not notify ins about you no longer being paid and that is your basis for continuing h1b then that is a back door entry, and neither i know much about it nor anyone can tell you what happens in such cases, i believe.
2. assuming that you are ready to understand that h1b is not going to help you while returning, and if your ap expires, you cannot come back to usa. you will have to re-apply for ap renewal and i think it cannot be granted if you are not maintaining AoS.
3. down the line when your 485 is adjudicated, recent trends show to a greater scale that ins may ask for employment verification, continuous employment and possible paystubs.
sorry for disheartening reply but going by legal route, this is what i can think of. you can disregard it if you are looking for only favorable answers.
best bet i would say is: use ac21, hang in this country, go to company b, start generating paystubs every month (even when you are not working, this is illegal too, but i think many people do such) and keep paying taxes. i am sure you would know how to do all these.. if you are totally desperate about green card. getting job for next year or so is going to be really tough, but you can start looking in the mean time which really pays you and gives some work to do. good luck.
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to robbie707:
AOS and AP both assumes that you are residing in the US and travelling for short duration. But if I want to stay abroad for more than a year, then I would change the AOS application to Consular Processing.
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to manwithnoname:
This cud change, if USCIS issues a 3 yr EAD/AP combo card. Hopefully b4 end of this year. I know this is in the works.
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to robbie707:
Hi Robbie,
can you please email me at "sierra1265 at gmail dot com". I would like to discuss the same situation with you.
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if it continues this way, soon gc would not be needed!! we could have 10 year eads and be allowed to do pretty much everything that a gc does!!!
this whole situation makes no sense!!! god help us...:))
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to abcdefg:
Hello
Thanks for your prompt response. Like others, even I'd like to hang in here.
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