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Life After The Green Card How soon can you leave your employer. All other issues after the green card.

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  #1  
Old 25th August 2007, 02:35 PM
yoyo2008 yoyo2008 is offline
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Question Got green card 6 months ago,quitting job,travelling outside of USA...PLEASE ADVISE

HI,everyone

I am a nurse. I got my green card 6 months ago(I went to school in usa on F1 visa and my employer filed I140 and I485 in USA for me). Now I am thinking of quitting the job and travelling to my birth country for about 5-6 months.

here are my questions.

1. I haven't got green card for about a year. Can I travel to other country for not more than 180 days? Is there such rule saying that I have to have Green Card for 365 days before travelling for less than 180 days?

2. I got Green Card throught employment. If I quit, would that affect my permanent resident status? Would that affect the green card renewal or natualization at later stages?

3. After travelling about 5-6 months,I'll definitely go back to USA. Then my husband and I are planning to have a baby. Due to the nature of nursing job,I wanna stay umemployed untill baby is born and reach 3 years old.Would that affect my permanent resident status? Would that affect the green card renewal or natualization at later stages?


4. My husband's case is filed as my dependent. His I485 is still pending. If I quit,and I am outside USA travelling. Would that affect his I485 approval?

PLEASE ADVISE!!!

Many thanks!!
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  #2  
Old 25th August 2007, 08:44 PM
Jackolantern Jackolantern is offline
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Quote:
Originally Posted by yoyo2008 View Post
1. I haven't got green card for about a year. Can I travel to other country for not more than 180 days? Is there such rule saying that I have to have Green Card for 365 days before travelling for less than 180 days?
You need to be present in the US for 1 year with a green card if you want to be eligible to file form N-470 to preserve your continuous residence in the US for citizenship purposes while traveling outside the US for more than 180 days. Otherwise, you can go away for less than 180 days if you want.

Quote:
2. I got Green Card throught employment. If I quit, would that affect my permanent resident status? Would that affect the green card renewal or natualization at later stages?
There is no reason to believe your green card would be in jeopardy for leaving the employer. You already completed 6 months post-GC working for them.

Quote:
3. After travelling about 5-6 months,I'll definitely go back to USA. Then my husband and I are planning to have a baby. Due to the nature of nursing job,I wanna stay umemployed untill baby is born and reach 3 years old.Would that affect my permanent resident status? Would that affect the green card renewal or natualization at later stages?
Whatever you do, make sure you stay away for less than 180 days, or the burden will be on you to convince USCIS that you haven't abandoned your residence (and if they don't believe you, your green card could be revoked). But be aware that multiple trips of 5 months doesn't mean you are safe. You are only safe if you take just one trip of less than 6 months, or multiple trips adding up to less than 6 months for all of them.

Secondly, if the baby is born outside the US you will have to go through the hassle and expense of immigration processes to get the baby a green card, whereas if born in the US the baby will automatically be a US citizen.

You have already worked for the employer for six months post-GC. You can quit now and stay home to raise the baby, and still be able to renew your green card or apply for citizenship. Of course, it would be safer to stay for 9 or 12 months, but the most common opinion given by lawyers is that six months is sufficient.

Quote:
4. My husband's case is filed as my dependent. His I485 is still pending. If I quit,and I am outside USA travelling. Would that affect his I485 approval?
No. Just don't leave for more than 180 days. But before you leave you should get a consultation from an immigration lawyer to discuss the full extent of your plans and the entire context of your situation. If they call him in for an interview or require additional documents, you or the lawyer may need to get involved in one way or another.
__________________
PD: Jan 2003 (EB3 rest of world)
I-485 filed: June 2005 Approved: July 2007

I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

Last edited by Jackolantern; 25th August 2007 at 08:49 PM.
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  #3  
Old 25th August 2007, 09:34 PM
ginnu ginnu is offline
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Quote:
Originally Posted by yoyo2008 View Post
HI,everyone

I am a nurse.
I got my green card 6 months ago(I went to school in usa on F1 visa and my employer filed I140 and I485 in USA for me).
Now I am thinking of quitting the job and travelling to my birth country for about 5-6 months.
--------------------- that is ok try to be back before 180 days
here are my questions.

1. I haven't got green card for about a year. Can I travel to other country for not more than 180 days?
-----------yes
Is there such rule saying that I have to have Green Card for 365 days before travelling for less than 180 days?
-------------------------no

2. I got Green Card throught employment. If I quit, would that affect my permanent resident status?

Would that affect the green card renewal or natualization at later stages?
-----------------not a problem, you worked for 6 months after GC

3. After travelling about 5-6 months,I'll definitely go back to USA.
----------------------try to be back before 180 days

Then my husband and I are planning to have a baby. Due to the nature of nursing job,I wanna stay umemployed untill baby is born and reach 3 years old.Would that affect my permanent resident status?
---------------------That is ok, no problem
Would that affect the green card renewal or natualization at later stages?
--------------------no problem

4. My husband's case is filed as my dependent. His I485 is still pending. If I quit,and I am outside USA travelling. Would that affect his I485 approval?
----------------------no
PLEASE ADVISE!!!

Many thanks!!
--------------------------
__________________
Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.
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  #4  
Old 25th August 2007, 09:51 PM
yoyo2008 yoyo2008 is offline
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Thanks so much you guys! you are so nice!

Best luck to both of you!!!
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