Trying to get back surrendered GC after 4 years.

[ashwinbr]

Hello Everyone,

I'm trying to help a friend out, and was looking for answers to a rather complicated topic. I've tried to search for a thread with a similar issue, but couldn't. Hence this post.

Background:
A friend studied in the US, got his master's degree, joined a company and obtained an employment based green card (EB1). He worked for about 1 and half to 2 years after the process and decided to move back to India (For family/personal reasons - I'm not exactly sure). Upon moving back, he surrendered his card as well. Now it has been four (4) years since he has surrendered his card.

While he was in the US he has had a clean record, filed taxes regularly and all.

He has a child who was born in the US (US Citizen).

Now:
He's decided he wants to go back to the US and wants his old GC back.
He consulted the US consulate and this is what they said:
"Since the GC was employment based, ask the old employer to issue an offer letter, and simply based on the offer letter only they will immediately re-issue the GC".

Questions:
1. Does this mean he has to take up employment with the company, or can he just get the GC and go with any company of his choice?

2. He wants to study further - but on full time. Can he take up a full time schoolwork despite the GC being employment based (EB) ? Does he have to work for his old company (question 1) before he goes to school full time?

3. Can the spouse work (to feed the family) while he is in school?
Wife was on a dependent visa and got the green card sponsorship through my friend.

4. Is there any other way to get the GC back without having to contact the old employer? For instance (I'm just hypothesizing), since his labor has cleared, can he use that labor with the old priority date, and re-apply I-140 and I-485 through another company? (His ex-manager at his old company has moved on). I ask this since labor is generic, but 140 and 485 are tied to a specific "Sponsor" meaning his ex-company).


I would really appreciate any helpful insights into this issue. If there are any other things to be considered other than the four points I've asked, kindly mention them.

Thank you very much.
Ashwin.

[ginnu]

Originally Posted by ashwinbr

Hello Everyone,

I'm trying to help a friend out, and was looking for answers to a rather complicated topic. I've tried to search for a thread with a similar issue, but couldn't. Hence this post.

Background:
A friend studied in the US, got his master's degree, joined a company and obtained an employment based green card (EB1). He worked for about 1 and half to 2 years after the process and decided to move back to India (For family/personal reasons - I'm not exactly sure). Upon moving back, he surrendered his card as well. Now it has been four (4) years since he has surrendered his card.

While he was in the US he has had a clean record, filed taxes regularly and all.

He has a child who was born in the US (US Citizen).

Now:
He's decided he wants to go back to the US and wants his old GC back.
He consulted the US consulate and this is what they said:

"Since the GC was employment based, ask the old employer to issue an offer letter, and simply based on the offer letter only they will immediately re-issue the GC".
---------------------- If one wants to surrender GC then one need to go to US consulate and fill up the form and can surrender GC. I don’t know what your friend has done to surrender GC.

US consulate can’t give him green card I think somebody gave him wrong info. US consulate can issue Visa or immigrant Visa and US consulates are under Department of state and GC is approved by USCIS.
He should contact good immigration lawyer for more info.

Questions:
1. Does this mean he has to take up employment with the company, or can he just get the GC and go with any company of his choice?

2. He wants to study further - but on full time. Can he take up a full time schoolwork despite the GC being employment based (EB) ? Does he have to work for his old company (question 1) before he goes to school full time?

3. Can the spouse work (to feed the family) while he is in school? (Hehe Obviously someone needs to put food on the table, right? ).
Wife was on a dependent visa and got the green card sponsorship through my friend.

4. Is there any other way to get the GC back without having to contact the old employer? For instance (I'm just hypothesizing), since his labor has cleared, can he use that labor with the old priority date, and re-apply I-140 and I-485 through another company? (His ex-manager at his old company has moved on). I ask this since labor is generic, but 140 and 485 are tied to a specific "Sponsor" meaning his ex-company).


I would really appreciate any helpful insights into this issue. If there are any other things to be considered other than the four points I've asked, kindly mention them.

Thank you very much.
Ashwin.

***** what was his field for EB1???? did he filed his I-140 directly or was filed by US employer?

If he is in BOMBAY he can contact US immigration lawyer:

Poorvi Chothani is the correspondent attorney in Mumbai, India for Cyrus D. Mehta and Associates, P.L.L.C. She has graduated with an LL.M. degree from the University of Pennsylvania Law School, and is admitted to practice law in to the State of New York. She may be contacted in Mumbai at (22)-2218-1372 or 98209 39666.)

[NIW_Engineer]

Originally Posted by ashwinbr

decided to move back to India...Now it has been four (4) years ...

This alone means he gave up his status as PR. You're not supposed to leave for more than 6 months in any one-time incident. I agree with ginnu to seek help from a qualified attorney, but my guess is that he should apply all over again.

[ginnu]

Originally Posted by NIW_Engineer

This alone means he gave up his status as PR. You're not supposed to leave for more than 6 months in any one-time incident. I agree with ginnu to seek help from a qualified attorney,


but my guess is that he should apply all over again.
-------------------that is correct

-----------

[ashwinbr]

Hello Ginnu and NIW_Engineer,
Thanks so much for your responses. Also thank you for providing the immigration attorney contacts in Mumbai. Will pass on the details to my friend.

Cheers,
Ashwin.