Follow-to-join - Stay & Documents

[varsh1]

I have got my GC in Sep-2014 via EB2 category and applied I824 for my wife's follow-to-join in Feb-2015. By checking the process timing of I824 entire process (I824 approval, Route to NVC, and then Consulate abroad, Visa Interview schedule etc), it seems that it would approximately take about 1 year. I'm planning to go to India now for working in my same company - India Branch and stay until my wife's immigrant visa interview and then come to US with family. (BTW, I have got my re-entry permit approval in Jan2015 for another 2 years.)..

 

My specific questions are...

 

1) From now and until my wife's immigrant visa interview, is it mandatory to stay in US physically? At the time when I respond to NVC & my wife's immigrant visa interview, is it OK for me to be working in India branch for the same company?

 

2) Below is mentioned in Mumbai consulate website...

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For follow-to-join applicants in the employment preference visa categories, the principal applicant must submit a notarized affidavit of support (form I-134), a job letter or pay stubs, a bank letter, and forms 1040 and W2 for the latest taxable year.  These documents must be less than one year old when the visa is issued.

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a) During the Pocket 3 and/or 4 documents submission, letter of employment & payslips needs to be provided. Can I submit the my employment letter & pay slips which I would get it from my India office? (At present as of Jul2015, I have my current US payslips and US employment letter). 

 

b) While NVC asks to submit employment letter, payslips, I134 documents (probably in about 3 months), I will be working/earning in India... Can I update my India employment details, salary in I131 documents... Or should these documents (emp letter, payslips) need to be in US based?

 

c) If these documents have to be in US based... Can I prepare it now itself since I'm working in US at this point...? I see these documents must be less than 1 year old when the visa is issued....

 

Thank you and appreciate your help.

 

[Attorney_15]

As an employment based following to join visa applicant, the Consular Officer is likely to question that the primary applicant - who is Green Card holder - is employed in the offered job in the United States. When the primary applicant is residing and working in a foreign country, the Consulate may question whether the primary applicant is maintaining LPR status and may require evidence of the primary applicant's U.S. employment. In these situations, it may be wise to consult with an immigration lawyer to document the application properly, and maintaining U.S. ties while temporarily abroad.