International Travel while unemployed and awaiting AOS

[tanaya]

I have an EAD and AP and am unemployed since April 2024. I am planning to travel in Sep and Oct.

1. Will there be an issue with US re-entry in November(8 months later) if I am still not working by then.

2. If I get a Job offer with a start date in November, will my re-entry to US be smooth.

3. If I get a Job offer with a start date in November, and USCIS reviews my GC case in Oct, will my case be approved without any issue. Can I re-enter US without issue.

 

 

[Attorney_22]

46 minutes ago, tanaya said:

I have an EAD and AP and am unemployed since April 2024. I am planning to travel in Sep and Oct.

1. Will there be an issue with US re-entry in November(8 months later) if I am still not working by then.

2. If I get a Job offer with a start date in November, will my re-entry to US be smooth.

3. If I get a Job offer with a start date in November, and USCIS reviews my GC case in Oct, will my case be approved without any issue. Can I re-enter US without issue.

 

 

Assuming the basis of your AOS is employment-based requiring a job offer, it is not necessary to be working while the AOS is pending. However, you are expected to have a continuous offer of qualifying employment when the green card is approved. This can be problematic if USCIS requests verification of your job offer and you have none to provide. If you would like to discuss this in detail I recommend scheduling with one of our attorneys.