after EAD?? need some advice

R

rekha56

Registered Users (C)
i am a Programmer Analyst in the US on a H1B since 2003.
My company is ready to file my labor and assist me for my Green Card from Maine/Boston.

I have a problem and need advice:
I have to return to India due to family reasons (cannot explain in detail, but for the present i have to go back, but i do want to return to the US,afterall one does not get such opportunities many times, especially with a good employer)
I plan on waiting till the labor approval; file adjustment of status and receive EAD.This should (if i am not wrong ) take 8 months from Maine / Boston.

A friend informed that after having received the EAD,I could apply for advance parole, go to India; complete the remaining formalities, and collect the Green card in India itself. is this possible?

If it is,then I would appreciate someone walking me through the stages starting from filing the labor certification and explaining the procedures, and timelines for each stage.

thanks
rekha :(
 
well, it is not so easy as it sounds. Labor approval can take 2-3 years and then you can apply for EAD. An EAD will be needed only if you are working part time or changing employers, if you are not, which, in your case, you say not, you do not need an AP. You company can file for your GC and you wait 3-4 years or however long it takes and then collect your GC. But, you do this only if you plan to come back, if you do not intend to come back to US, why do you need a GC? Remember that once you have your GC, to maintain it, you need to visit US.

Timelines can vary from 3-4 years, it will not be 8 months fr sure, unless you are very lucky or your company has pre-approved labor and you piggy back on that approval.
 
Thanks but still very confused

Thankyou very much for the reply. But I still have a few questions:
Before starting let me make it clear that i want to come back to the US.

now the confusion:

You company can file for your GC and you wait 3-4 years or however long it takes and then collect your GC
Click to expand...

What i understand is (please correct me if i am wrong, would truely appreciate that)
:: My company files for my labor certification here and GC which would take 3-4 yrs.
::I am not required to be present in US while the processing is going on.
::I can collect the Green Card in India once the labor approval is through?
Then :

who files for the adjustment of status? is this not a basic requirement?

if it is

then, after the labor certification is through and i file for adjustment of status,can i return to the US??

or

do i have to wait for the process to complete and collect the green card in india.

sorry :( to be bombarding with so many questions, but i am in a tight spot and want some good advice that can give me solace.
 
What i understand is (please correct me if i am wrong, would truely appreciate that)
:: My company files for my labor certification here and GC which would take 3-4 yrs. TRUE*************
::I am not required to be present in US while the processing is going on. TRUE, AS GC IS FOR FUTURE EMPLOYMENT*************
::I can collect the Green Card in India once the labor approval is through? NO, LABOR APPROVAL DOES NOT MEAN YOUR GC IS APPROVED, THIS IS JUST A FIRST STEP. YOU WILL BE DOING SOMETHING KNOWN AS CONSULAR PROCESSING, WHEREBY YOU CAN COLLECT YOUR CARD IN INDIA.*********

Basically, Green Card is for future employment and you can complete this process in India, but, the wait time is same.

I am not sure if you can return to US after your labor clearance, it will all depend on what status you were when you started the process, though, I am assuming that your company will start the process here, again depending on what status are you? Hope that answers your questions.
 
thanks for the reply

I have H1B approval till 2007. and my company plans to file my GC-labor from their office in Maine, Boston by end of this month or next month.
so now, what are your comments.
and, i am really very grateful for your help.
 
Apply i-140 and go to India

Rekha56,
I think you should wait till you apply for i-140 with concurrent filing. I mean alongwith 485/ap/ead/etc...
At the same time, opt for counseller processing which you means you want to receive GC from Indian USA Consulate. I think this is a safe way if you GC processing company has made IRS net profits in the years 2003, 2004.

If you apply from Maine, you should be able to apply for i-140 within couple of months. I have applied for Labor from NH and Maine simultaneosly and NH is running faster than Maine in my case. This is exceptional...
Good Luck,
 
sarwarmd said:
I think this is a safe way if you GC processing company has made IRS net profits in the years 2003, 2004.
Click to expand...

I'm not familiar with Labor processing... how does the sponsor's profitability affect the whole process? (well besides that they have to stay in business in order to complete it)
 
yes that may spoil your GC process completely

GeorgeF said:
I'm not familiar with Labor processing... how does the sponsor's profitability affect the whole process? (well besides that they have to stay in business in order to complete it)
Click to expand...

The same thing has spoiled my GC process in my case. That is inevitable..If you do not have profits for the company during the prioriy date year, your 140 will be denied.
 
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