Options for retaining EAD/AP while outside country for 18 months


rsh1981

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Hi

I am working with US based company on FTE basis on H1-B from last 10 years. I have priority date of Sep'09 in EB2-India. We received EAD/AP in Feb'2012 after filing I-485 when EB2 dates were current. I haven't used EAD from 2012 as I have always maintained  H1-B status.

I might need to move outside the country due to some personal reasons for 12-18 months and my employer doesn't have offshore location.I was planning to move in some US based companies with offshore location in India. I would like to know if I join this US based company with offshore location and work for 6 months in US on EAD before moving to their India location on FTE basis for 12-18  months, will it impact my EAD/AP or even my priority date.

Currently the EB2-India priority date is July 2008 and there is some remote possibility of getting GC in next 2 years. So would like to know if above option will be fine or it is not valid option?

Would appreciate your response based on my situation.

 

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Thanks pontevecchio for the response.

1. Yes, currently the FTE employer is my GC sponsor. However they don't have offshore location due to which I need to change job using pending 485 EAD to another company in US  with offshore location

2.  The company where i will switch needs to sponsor my GC again? I was under impression that since my 485 is pending, no new GC process initiation is required. Can you please confirm on same? My current EAD is expiring on Feb'2019 and 120 days before expiry of EAD, i will apply for renewal based on my  employer from offshore.

3. My spouse is working  as beneficiary of my pending 485 EAD and can still continue to work in US when i will be offshore until Feb'2019?

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1. The idea is you will join them when the PD is current in about 2 years and both of you are on the same page as regards this.

2. EAD is unrestricted work authorization in any field with any company. But you need the intention of joining the GC sponsor once the dates are current. The EAD is based on your pending AOS. The offshore employer is IRRELEVANT to this.

3. Yes, as long as the AOS is pending.

You should not be penny wise and pound foolish and you should discuss specifics with a Lawyer to cover all your bases .

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1. I saw your response on question # 1, where you specifed the idea of joining the original GC sponsor company in 2 years and their agreement on same. Just to be clear, I have no intention of joining original GC sponsor company once i join other employer with offshore location on EAD. I thought GC is future employment and there should not be any dependency on original once 485 is pending for more than 6 months.

2. I was under impression that offshore employer will be relevant,since once the EB2 dates becomes current for me I might need any supporting document from my present offshore employer. Please let me know if my understanding is correct?

I had discussion with couple of Attorneys and they adviced that I cannot travel outside the country when 485 is pending for 12 months, since it will result in GC process being terminated. I will get in touch with some other Attorney,since I find it difficult to believe this advise.

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Do not waste your time with multiple lawyers. Get a consult with the firm of Murthy or any of your choice and tell them what it is you are hoping to do and the best way to achieve this. AC21 provisions apply as regards pending AOS which by definition means you are in the USA. When you leave and come back on AP, you are paroled in to resume the AOS which you have on file with company A as the GC sponsor. Once you come back and resume AOS, you may be able to use AC21 to change employers in a similar field which could mean the new company. In order to retain your GC petition with minimal problems, you NEED to keep a lawyer on retainer till the day you get a GC.

 

 

 

 

 

 

 

 

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