Can I stay 8 months out of USA ?

S

selimwagdy

New Member
Hi Dears,
Am totally new about all these & I need your advise please,
I have recently got an immigrant visa in October 2006, I've landed by the end of November 2006 where I stayed for few days, and then I traveled out of the U.S. in the beginning of December 2006.
I am planning to travel to the U.S. by the end of August 2007 to stay there for good. I need these few months to finalize everything in both the country of my residence & the country of my origin, since I have to resign and take the notice period, I have to sell some properties in both countries and do the packing,...
Kindly advise whether it is permitted to stay outside of the U.S. for the above-mentioned period (8 months) or this may lead me to lose my green card ??
Thanks and regards,
 
Form what I read in this forum and postings from other members, it is
not a good idea to be out of the US for more than SIX months at a time
if you do not have re-entry permit.

You may be questioned at the port of entry and may be denied entry into
the US. Looks like you stayed in the US only for a few days before getting
out; this may cause problems while heading back to US, IMHO.

Try visiting the US within a month or two and leave in a few days. Then
head back to the US for good in Aug '07.

Good luck
howdy_howdy
//
ps: I am not an attorney and not planning to be one. Consulting a competent one is advised.
 
H-1B Questions

Hello Everyone,

This is my first post to this message board. I'll really appreciate if anyone can answer some of my questions regarding H-1B.

My husband was on H-1B since March 2003 and after the first 3-year period he got H-1B extension for another 3 year which was valid until March 2009. However, in December 2006, he quit his job to go back to a school in France to get an MBA. He'll be there for one year till December 2007. I'm currently on H-1B here in US. My questions are:

1. Does his previous company need to revoke his H-1B petition? How will INS know that he was outside US for one year if we don't inform INS.


2. If after December 2007, he gets a job in US in a new company, can he transfer his H-1B from previous company, will that H-1B still hold so that he doesn't have to wait till October to get whole 6 year period again. There will be a difference in his job profile, in his previous company he was a software engineer and after finishing an MBA his job profile will be more management type or finance related.

2. If he wants to have a full 6-year period again, then I assume that he'll be able to join a job here after October 2008, in that case will he counted towards the H-1B quota although he had H-1B before?

3. If he wants to come here to US for internship for 2 months, what visa will he come under?

4. If he comes to US as exchange student for 2 months, what visa will he come under? any implications of J visa.

5. Can a person on H-1B take a leave of absence (without pay) for couple of moths without affecting H-1B and green card?

All my questions are geared towards the direction as to whether it's possible at all for my husband to come back to U.S. in January 2008 right after graduating from France or not. I'll really appreciate your response to my questions.

Thanks
 
selimwagdy said:
Hi Dears,
Am totally new about all these & I need your advise please,
I have recently got an immigrant visa in October 2006, I've landed by the end of November 2006 where I stayed for few days, and then I traveled out of the U.S. in the beginning of December 2006.
I am planning to travel to the U.S. by the end of August 2007 to stay there for good. I need these few months to finalize everything in both the country of my residence & the country of my origin, since I have to resign and take the notice period, I have to sell some properties in both countries and do the packing,...
Kindly advise whether it is permitted to stay outside of the U.S. for the above-mentioned period (8 months) or this may lead me to lose my green card ??
Thanks and regards,
Click to expand...

Here is a word from the horse's mouth, i.e. USCIS at
http://www.uscis.gov/portal/site/us...nnel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

"You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
- Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
- Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
- Fail to file income tax returns while living outside of the US for any period.
Declare yourself a “nonimmigrant” on your tax returns."

Typically, any absence less than 6 months is safe and does not break continuous presence for naturalization. Absence between 6 and 12 months will trigger secondary inspection, may result in denial of admission if US permanent residency is considered abandoned by USCIS officer, and breaks continuous presence for naturalization. Any absence of more than one year results in permanent residency abandonment, unless you possess valid reentry permit.
 
Simmi07 said:
Hello Everyone,

This is my first post to this message board. I'll really appreciate if anyone can answer some of my questions regarding H-1B.

My husband was on H-1B since March 2003 and after the first 3-year period he got H-1B extension for another 3 year which was valid until March 2009. However, in December 2006, he quit his job to go back to a school in France to get an MBA. He'll be there for one year till December 2007. I'm currently on H-1B here in US. My questions are:

1. Does his previous company need to revoke his H-1B petition? How will INS know that he was outside US for one year if we don't inform INS.

The INS will know when your husband gets back to the US. For longer durations of absence from the US, the Immigration Officer at the POE will ask for employment letter and if he doesn't possess one then he will be deported. Meaning, your husband will not be able to get back into the US with his current H1.

2. If after December 2007, he gets a job in US in a new company, can he transfer his H-1B from previous company, will that H-1B still hold so that he doesn't have to wait till October to get whole 6 year period again. There will be a difference in his job profile, in his previous company he was a software engineer and after finishing an MBA his job profile will be more management type or finance related.

No, he cannot transfer h1 from current company. His absence of one year will automatically cancel his current h1. He will have to apply for a new h1.
Since it will be a new h1, he will have to go through educational evaluation etc. for the new h1.

2. If he wants to have a full 6-year period again, then I assume that he'll be able to join a job here after October 2008, in that case will he counted towards the H-1B quota although he had H-1B before?

Nevertheless one had h1b in the US, any new h1's will be counted against the quota.

3. If he wants to come here to US for internship for 2 months, what visa will he come under?

I don't think there is any visa for internship. He may probably ask for b1 visa.

4. If he comes to US as exchange student for 2 months, what visa will he come under? any implications of J visa.

No.

5. Can a person on H-1B take a leave of absence (without pay) for couple of moths without affecting H-1B and green card?

Yes, provided the company gives a valid reason and pays the employee for the duration of absence (two months or 10 months).

All my questions are geared towards the direction as to whether it's possible at all for my husband to come back to U.S. in January 2008 right after graduating from France or not. I'll really appreciate your response to my questions.

Thanks
Click to expand...

Good luck
howdy_howdy
//
ps: I am not an attorney and not planning to be one. Consulting a competent one is advised.
 
howdy_howdy said:
No, he cannot transfer h1 from current company. His absence of one year will automatically cancel his current h1. He will have to apply for a new h1.
Click to expand...

He'll have to apply for a new H1 if he's no longer working for the original employer. An absence of a year from the United States does not automatically cancel a valid H-1 petition if the employer still intends to employ the alien upon return to the United States, and the alien still intends to work for the employer.

Since it will be a new h1, he will have to go through educational evaluation etc. for the new h1.
Click to expand...

The original evaluation should still be valid and can be submitted with the new H-1 petition.

Yes, provided the company gives a valid reason and pays the employee for the duration of absence (two months or 10 months).
Click to expand...

That's only if the employee is in the United States. There's no obligation to pay the employee if he or she is outside the US.

Personally, if the hubby wants to return to the US and search for a job, I would have him re-enter on an H-4 based on the wife's H-1.
 
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