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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 3rd February 2008, 08:00 PM
srikanthsiva srikanthsiva is offline
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Join Date: May 2002
Location: Missouri
Posts: 230
GC holder going to Oxford to study

Dear members,

I have been a GC card holder from August 1, 2005. In late September 2008, my wife and I will go to Oxford for my Masters degree. It is a 1 year program that will end in october 2009. This means we will be out of the country for 1 year (or around 13 months). I plan to file the Reentry permit (Form I-131).

Questions:
1) Do I need to file that form 131? Do i need a reentry permit?
2) If yes, do I file it now in US?, in London? or when im almost coming back in 2009?
3) Will my residency requirements for citizenship be reset to zero? (I would have done 3 years by then)
__________________
EB2
Primary Applicant: Malaysian citizen
140 & 485 ND:10/21/2004, Concurrent, Own labor, RIR
140 RFE 5/12/05, Replied: 5/25/05, APPROVED: 5/31/05
FP: 11/18/2004, Biometric Code 2: 08/03/05 [Both]

****************************************
--> 485 APPROVED: 8/1/05, PD 11/03
*C.R: 08/09
--> 485 for spouse: RFE: 8/3/05, Birth Cert issues, RFE Replied: 9/1/05, RFE Received: 9/7/05, Approved 9/23/05
*[Spouse: Indian Citizen].
****************************************
The BATTLE is OVER.
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  #2  
Old 4th February 2008, 12:27 AM
sunshineman sunshineman is offline
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Join Date: Sep 2007
Posts: 67
1. to be on the safe side, apply for a RP before leaving the US in case you spen more than a year.

3. I think if you spend more than 6 months outside the US, you have to start again (Thats what I think but wait for a second opinion).

good luck
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  #3  
Old 4th February 2008, 09:22 AM
Jackolantern Jackolantern is offline
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Join Date: Sep 2005
Posts: 8,272
If you spend more than a year outside the US, your GC becomes invalid for use as an entry document, so you will need a reentry permit (unless you take some trips back to the US in between). The reentry permit must be applied for while you are in the US.

It is not automatic that more than 6 months will break continuous residence and reset your clock to zero. However, a trip of more than 6 months creates the presumption that you broke continuous residence, and puts the burden of proof on you to convince USCIS otherwise. But a trip of more than a year (or multiple trips close together adding up to more than a year) makes it almost automatic that your clock will be reset, even if you have a reentry permit.
__________________
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.
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  #4  
Old 13th February 2008, 06:07 PM
hannah2 hannah2 is offline
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Posts: 71
Sad to say, you will be going back to starting line, that happened to my uncle and his more than 4 years of waiting, he have to leave US for 14 months.
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  #5  
Old 14th February 2008, 11:41 PM
masala dosa masala dosa is offline
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Posts: 128
Quote:
Originally Posted by hannah2 View Post
Sad to say, you will be going back to starting line, that happened to my uncle and his more than 4 years of waiting, he have to leave US for 14 months.
Oxford> what
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