EAD+AP: Received Job Offer In India


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(Citizen of India) EB2 AOS is currently pending. Priority date May 2009. Currently, I have EAD + AP combo card expiring March, 2015.


I have received a job opportunity in India. Even after moving to India we want to continue GC process. Before I  accepts the India Job Offer, we wanted to understand legal repercussions with regards to:


1. Using AC-21 portability to continue GC process through another employer.

2. Continuing AOS process while residing in India. Is frequent travel required back to the US?

3. Option for renewing AP / EAD while living in India. How long do we need to stay in the US?

4. Consular Process : Risks / issues / timeline?

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What makes you think that your current employer who is sponsoring your permanent residency (green card) will continue to do so if you quite to take another job?  If you did qualify under AC21 provisions, then you would have work for another U.S. employer in a similar job to continue your permanent residency (green card) process.  Moving outside of the U.S. to work for a foreign company will abandon your permanent residency (green card) process.

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Legal consequences can only be explained by a Lawyer.

1. Portability does not apply for CP and for your proposed situation.

2. Prima facie the fact that you took up a job in India may mean your AOS is gone even with AP. You do know you have to pay taxes here unless avoidable by a tax treaty.

3. See 2.

4. As regards CP what makes you sure your employer will wait so long? If you are keeping the same skill set intact and fresh and the GC sponsor agrees CP is the safest way and practically fool proof assuming the original GC sponsor is on board.


Talk to a Lawyer.

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