NRI Helpdesk: How long can green card holders stay outside the United States?


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* Please note that the questions have been edited and / or deleted so that we can immediately answer similar questions and the answers are clear and relevant to our audience.

I am under 21 and live with my parents in India. I have an approved F3 family immigrant petition that the National Visa Center has shown as “documentarily qualified” since April 2020. My priority date became current in January 2021. I am awaiting my interview and have received three emails, each asking me to wait another 60 days for my next response.

This fall, I enrolled in an associate’s degree program at a community college in Maryland. I study online from India. Do I need to apply for an Expedited F3 Family Visa Interview based on my educational needs if I want to study in the United States?

Asking for expedited treatment based on a need to go to school may or may not work. But, you can certainly try to take the interview once it’s scheduled. Although the consulates have indicated that they go first to the front line of family immigration dedicated to family unity, there are specific categories that you might not fall into. Either way, it’s worth trying to get some fast-track maintenance. If they cannot speed up, there is no law against applying for a student visa. It is unlikely to be granted, but as long as no misrepresentation is made I see no harm in applying for a student visa.

I have an approved EAD / AP with my current employer. I also have an H-1B approved until 2024 with the same employer. I plan to visit India, my home country, soon. I plan to use AP to return to the US and would like to work on the H-1B with the same employer. Is it possible? Also, if I don’t receive my green card before 2024, can I extend my H-1B with the same employer.

If you have the option and the opportunity, it would be good to apply for and get the H-1B visa. If this is not possible, you can revert to early parole. If you come for the same H-1B job you had when you left the United States, USCIS will consider you to have H-1B status. So returning to early parole to resume the same job you left on H-1B is considered a continuation of that H-1B. You can apply extensions, changes, etc. H-1B, once you are in the United States

Does my spouse using their AOS-based EAD affect my H-1B as the primary green card applicant?

It is not. If the derivative beneficiary uses their work authorization in an adjustment of status case, the H-1B of the primary beneficiary is not affected.

My question concerns the filing of the green card. My green card has been filed with Employer A. I have an approved I-140. I moved to Employer B, working on an H-1B valid until April 2023. They haven’t started the job certification process for me yet. My priority date is early 2012. According to the last visa bulletin, I can apply for EAD, but the final date is September 2011. Currently, I am not in the United States, so I cannot file an EAD. EAD request. I hope to be in the United States in the next 4-5 months. Do I have to join employer A to process my green card? What would be the best option to get the green card without wasting time when I reach the United States?

First of all, you must be in the United States to request your adjustment of status. Second, in your case, because a new green card process has not started, your old employer must offer you the same job, and you must join or be prepared to join in good faith.

USCIS may raise issues such as Employer A’s continued ability to pay proposed wages, whether the job continued to exist, etc. These issues should be discussed with your lawyers before making any firm commitments.

In addition, you can have the I-485 filed on the basis of a job offer from Employer A, the same job that was the basis of your green card. If you don’t have this job posting, you can’t file an I-485.

Also note that you can only file an I-485 / Status Adjustment request when your priority date is current, and the work that is the basis of the green card is available to you at that time. . But, after a 180-day suspension from I-485, you may never have to join the old employer because you can do the same or similar job anywhere. Just make sure you have an honest and good faith intention to join the former employer when you drop off the I-485. And, the employer also makes the offer of employment in good faith. All of these options and questions should be discussed with your lawyers.

I received my green card two days ago. I work 40 hours per week in IT company A as a full time software engineer 8am to 5pm Monday to Friday. Can I work at another full-time job 40 hours a week in IT company B as a software engineer 8am to 5pm at the same time while working for company A if I can manage because I work at distance? Also, while I am employed full time for the company A 40 hours per week, can I work on another part time IT job like 20 hours per week assuming some hours of full time IT employment overlap with some partial computing hours- schedule? Can I work at another non-IT full-time or non-IT part-time job on weekends / holidays, or after working hours at my other job while I am employed full time by the company? TO ?

If you want to take on a second job without leaving your main job which was the basis of your green card, you can do so without any hassle. You could take on this second job part-time or full-time. You could even have an unrelated job at the same time. On the other hand, if you want to change careers or quit your job, you should seek legal advice.

How many days can a green cardholder stay outside the United States continuously per year and non-continuously per year?

There are too many variables to consider for me to be able to provide an accurate solution. Generally speaking, if your permanent home is in the United States, brief (less than six months) overseas visits should be allowed. USCIS examines the following factors in deciding whether your green card has been abandoned:

Length of time you were away from the United States – the longer you stay outside the United States, the greater the risk that your green card will be considered abandoned. If you are absent for more than a year, your green card is deemed to be abandoned.

Purpose of Travel Outside of the United States – Brief visits to the United States each year are not enough.

Intention to return to the United States – an intention to return early is a positive factor in supporting non-abandonment.

Ongoing ties to the United States – just maintaining a home may not be enough.

I am in the ABC field and have received my green card, I am still working with my sponsor employer. I am considering a career change in DEF field unrelated to ABC field due to personal dissatisfaction with ABC field. Is there a safe time frame to do this without impacting my current green card and the naturalization process?

Once you have received your green card approval, you are not required by law to stay indefinitely in a job or field that you wish to change. However, upon naturalization, the question of your intention might arise. The intention required is simply this: at the time your green card was approved, you had no intention of changing trades or fields. But, because intention is a state of mind, it can only be inferred from circumstances. Ultimately, therefore, each case must be assessed on its own facts.

My parents have been here on visitor visas since early August. If they’re here for the entire six months, can they come back within six months of leaving the United States?
CBP (Customs and Border Protection) may view this scheme as an unacceptable use of the visitor visa. Generalizing to take stock, if in the course of twelve months your parents spent more than six months in the United States, CBP may consider it to appear that your parents are living in the United States and visiting their home country in the United States. instead of the reverse.

My cousin lives in the United States. I had completed the B-1 / B-2 visa to meet him. I have had two B-1 / B-2 visa appointments canceled so far. I have my appointment in April of next year. However, I plan to marry my fiancee and move to the United States next year on an F-1 visa. My fiancee cannot come to India and meet me because the consulates in the United States do not stamp. She is currently on H-1B but has the F-1 visa, not the H-1B visa. For this reason, I cannot meet my fiancee. I thought about requesting an expedited appointment, but the system says we can only complete this request once. If I fill it, will it interfere with my F-1? Also, will it be okay if I fill it out now to meet my fiance when my original application was to meet my cousin?

It is not possible for me to give you meaningful advice. Ultimately, your tourist and student visa application is granted or denied based on the judgment of the interviewer. Refusal of an expedited application is not a ground for refusal of an F-1 visa. It is okay to try anything as long as you are honest with the Consulate about your intentions, if and when asked. The good news is that even if you are denied a tourist visa or a student visa, it is difficult for the consulate to deny an H-4 visa.

I am currently on F-1 OPT (OPT started on July 6, 2021). I will be traveling to India on November 7, 2021 and will return on December 27, 2021, during which time my current business could be acquired. Could you please let me know if this causes any problems when you return to the US? Also, are there any additional documents I will need in this case?

It’s a difficult question to answer for sure, and I’m not sure there is a correct answer. If this is your first year of OPT, what is required is a job in your field; the identity of the company does not matter. The best practical solution may be to obtain a letter of offer or the continuation of a letter of employment from the acquiring company before leaving India to enter the United States. Before planning the trip outside the United States, discuss this and other formalities for international travel with your DSO.

Rajiv Khanna, Attorney General,

The views of the author do not necessarily represent those of ET Online, nor do they constitute legal advice or representation. The practical advice provided in the written materials is based on the author’s experiences and the current state of the law and regulations. Be sure to conduct legal research and analysis, or hire an independent lawyer for your unique situation, as the law and requirements change quickly and the author’s experiences may differ from yours.



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