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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 26th September 2008, 12:33 PM
gc2005nyc gc2005nyc is offline
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Reentry Permit Filing - Lawyer?

Gurus - is it a good idea to have a lawyer prepare my I-131? Is there any reason they could deny I-131?

I have always used lawyers for my immigration matters and have paid dearly. Is this something I should be able to handle on my own? Are there any hidden landmines I should be aware of?

Thanks much!
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  #2  
Old 26th September 2008, 12:47 PM
Jackolantern Jackolantern is offline
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Most people don't file I-131 with a lawyer. Just read the instructions properly, and look over the form carefully the next day before sending in it.

Denial can be for any of these reasons (other reasons are possible, but rare):
- You were not in the US at the time of filing
- You did not show up for biometrics
- You already had two reentry permits in a row
- Your green card has been revoked
- Did not submit the right fee
- You provided incorrect or missing information on the form
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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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  #3  
Old 26th September 2008, 01:42 PM
gc2005nyc gc2005nyc is offline
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Thanks!!!

Is temporary work assignment abroad going to create an issue? I need to list purpose for this trip! Could this trigger RFE?
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  #4  
Old 26th September 2008, 03:37 PM
mmed mmed is offline
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Originally Posted by gc2005nyc View Post
Thanks!!!

Is temporary work assignment abroad going to create an issue? I need to list purpose for this trip! Could this trigger RFE?
I do not think this will affect the application. It is impossible to apply for a permit to stay overseas for 2 years unemployed or visiting your family. Most if not all people apply for the permit is to work overseas and the USCIS know that.
__________________
J1 8/02-04/07
EAD 4/07-10/07
J waiver
6/6/06 NOS rec'd
11/14/06 fav. recom.
AD 4/6/07 (303 days)
GC
I-140 (EB2 NIW): RD: 8/24/06 AD:1/10/07
I-485 RD 1/16/07, AD: 10/29/07

Wife and kids
I-485: RD 2/20/07
AD 11/14

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IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.
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  #5  
Old 26th September 2008, 05:17 PM
gc2005nyc gc2005nyc is offline
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Cool! Thanks guys!

What do you think is a better idea:
a) apply before I leave? or
b) leave, work abroad for a few months, then return to file I-131? However, I realize I may need to come back twice if I don't get the biometrics appointment fast enough.

Does the second approach carry any sort of risk, other than the extra cost?

Last edited by gc2005nyc; 26th September 2008 at 10:12 PM.
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  #6  
Old 27th September 2008, 03:31 PM
mmed mmed is offline
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Originally Posted by gc2005nyc View Post
Cool! Thanks guys!

What do you think is a better idea:
a) apply before I leave? or
b) leave, work abroad for a few months, then return to file I-131? However, I realize I may need to come back twice if I don't get the biometrics appointment fast enough.

Does the second approach carry any sort of risk, other than the extra cost?
I think you need to extend your stay more than 2 years by working for many months then come back to apply for the permit which will allow you to go for another 2 years. I do not think this is a god idea, you will return back and stay for whatever and no guarantee for the biometric notice, then you expect the application to be approved hoping to be sent to you overseas with possibility to be lost as happened to others. The application itself may be delayed or even denied giving the fact that you were outside the country for many months before application with high possibility to be without any ties to US. Remember that your exit and entrance are well recorded and will affect your application. The USCIS by issuing GC, want people to stay and participate actively in the community or give their GC back especially that millions are waiting in line with limited number for each country.
__________________
J1 8/02-04/07
EAD 4/07-10/07
J waiver
6/6/06 NOS rec'd
11/14/06 fav. recom.
AD 4/6/07 (303 days)
GC
I-140 (EB2 NIW): RD: 8/24/06 AD:1/10/07
I-485 RD 1/16/07, AD: 10/29/07

Wife and kids
I-485: RD 2/20/07
AD 11/14

------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.
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  #7  
Old 29th September 2008, 01:03 PM
gc2005nyc gc2005nyc is offline
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Quote:
Originally Posted by mmed View Post
I think you need to extend your stay more than 2 years by working for many months then come back to apply for the permit which will allow you to go for another 2 years. I do not think this is a god idea, you will return back and stay for whatever and no guarantee for the biometric notice, then you expect the application to be approved hoping to be sent to you overseas with possibility to be lost as happened to others. The application itself may be delayed or even denied giving the fact that you were outside the country for many months before application with high possibility to be without any ties to US. Remember that your exit and entrance are well recorded and will affect your application. The USCIS by issuing GC, want people to stay and participate actively in the community or give their GC back especially that millions are waiting in line with limited number for each country.

Mmed - thanks for your post.
My situation is such that I am going abroad on a 6-month contract with the possibility to extend it. Since I do not know whether it will be extended I am considering of leaving the States and then return to file for reentry permit if the contract is extended. Do you think this will create an issue with USCIS?

Thanks.
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