Changing employer after 180 days -- special situation. Need Advice!!!

[nextstep]

My 485 filing has passed 180 days, and I have got my AP and EAD. I am considering a new job opportunity (similar pay and similar job function). The new company itself is based in the states, however, this new job requires me to be based in Hong Kong. I like the opportunity, but I don't want it to affect my GC application.

My question is:

1. Can the company employ and pay me from the US and send me to work in Hong Kong? In other words, will being physically in HongKong while getting paid from the US payroll affect my GC approval? Do I need to physically be in the US until my GC get approved?

2. I assume I can use my EAD to work for the new employer. But can I use AP to travel in and out of the states while working for the new company?

Your advice is greatly appreciated.

 

[krishnakt]

AoS is done on the assumption that you are physically in US. You cannot be out of USA for long periods, longer than I believe 60 days. Or is it 90 days.

To overcome this use EAD and AP to travel back and forth between HongKong and US. Make sure that you have an address still in the US.

Best bet, contact a lawyer!

 

[jaxen]

Wrong Krishnakant.

1. Yes you can be away from US while GC is pending. Make sure that you have valid travel authorization AP whenever you get into US. when the GC is approved, and if you enter into US on AP, POE inspector will give a I94 with not much time and will tell you to do the I485 stamping soon

2. Yes.

 

[nextstep]

Dear Jaxen,

Thanks for your reply. Just a couple of follow-up questions:

1. Is there any time limitation in terms of how many days I can be out of the US each time while my GC is pending? E.g. 60 days as mentioned by krishnakt?

2. Do I need to have a us residential address?

Thanks a lot!

Next Step

 

[psinha]

Revoke I140 after 180 days...

Jaxen,
Isn't it true that your employer can revoke your I140 even after 180 days, so that they can use the I140 to employ other non-immigrants. I saw a couple of cases mentioned along the same line in murthy.com where the employer moved the petition to cancel the I140 and BCIS cancelled it.

Thanks...