:confused:need advice

A

akis00

New Member
I have worked for my GC sponsoring employer for about one and a half month but now I have to leave because of the family emergency.My employer will let me go but can not and will not take me back after the problem in my country of origin is over.I estimate that I might have to stay for 8-10 month.I will apply for a reentry permit just in case and also to demonstrate that I have intend to came back and live in USA.Before I come back I will try to look for same kind of work I was sponsored for.
Since I did not stay at my GC sponsoring employer for the RECOMMENDED 6 month,do you guys think I will have problems to get back to USA????????????What do you think I should do? Please guys do respond with your advise.Thanks akis00
 
akis00 said:
I do you guys think I will have problems to get back to USA????????????
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If you have re-entry permit, there should not be any problem to re-enter for 2 years.
 
First of all, if you think that you will return in 8 to 10 months then you do not need a re-entry permit. If you think that you will be gone for more than 12 months, then you do need it. As far as length of time with sponsoring employer after GC approval is concerned, the 6 month recommendation is simply that- a recommendation- not the law!! In 2001, Congress enacted a legislation that allowed 485 applicants to leave their sponsoring employers even if their applications were still pending as long as at least 180 days had elapsed since the filing of the application. The law means that you have met the requirement of demonstrating intent to stay with the employers if you have not changed your job in that period. However, that too is not written in stone. If your employer feels that you did not have the intent to stay then he could potentially create problems for you by complaining to the INS. The INS will not investigate your case by themselves if nobody has complained about you. Also, if you can prove that the situation in your home country absolutely required you to leave then that will not come in the way of demonstrating intent to stay. So, I think that you should be fine as long as your employer does not bring attention to your case. I would strongly urge you to consult an immigration attorney about this BEFORE you depart. It would also help if you had documentation that would support your need to leave.
 
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