Adverse effect of long gap (exited US) on future of my green card approval


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Hello. My labor was approved May 2013. I-485 was approved in August 2014. I got three years extension on my H1 which is valid till July 2017.

I had to leave the US because of a family emergency in November 2015. I wasn't sure about returning So my employer and I worked out a contract based on which he would pay me a monthly contracted amount. My US company payroll stopped when I left.

It's been 9 months since I have been in my home country.

1. Can I return to the US and work with the same employer on the same H1? Basically can I keep my green card application alive?

2. If I somehow manage to do the above, can the large gap in my presence in the US and absence of US payroll hurt when time comes to file the final green card step?

Please help with your knowledge. Thanks.

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So H1 stays valid even if I am not on US payroll when I am not in the USA?

 

What about the green card procedure - will the gap create an issue?

 

Thanks.

You are on H1, only if you are inside the US. H1 status is for non-immigrants who are in US, not outside US.

GC is for future employment, this should not create any trouble for you.

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So H1 stays valid even if I am not on US payroll when I am not in the USA?

 

What about the green card procedure - will the gap create an issue?

 

Thanks.

 

You are not in H1 status while outside the US.

The H1 stays valid until it expires. To enter with it, you would likely need a letter from the employer that the job still exists.

The GC is for a job in the future, so being abroad has no effect on it.

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