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vchezel

Good Career Opportunity, but what about GC & H4-EAD? Need some advice

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Hello Readers,

 

I am at cross-roads and need to make many decisions with very little time. I can take as much help as possible. Here is my situation:

 

1) got a very good career opportunity to start and lead a team in India for my current employer who has a presence in India. They want me to go there and start and lead the team as a manager but here are my concerns:

a) I am on H-1B visa, with approved I-140(EB-3)

b) wife is currently on H4-EAD and working for a company.

c) 3 kids, 2 are school going and 1 pre-school age.

 

2) Can I go and work in India with US payroll and shuttle often i.e. once in 3-5 months because I dont want to waste all that I have done to get to this point in my GC processing, so is it possible keep my H-1B status and still be able to take the career opportunity till i get my green card?

 

3) what would happen to my I-140 if I leave the country and come back after couple of years? Will I-140 be still active if my employer doesnt withdraw it?

 

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By definition, if you are outside the US, you are not in H1 status.

If you work outside the US, your spouse and children would have to go with you. They can not stay here while you are working abroad.

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the GC petition can be continued with the employer provided the job remains open for you when your PD becomes current..

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