Continious presence needed in US during I-485?

R

rk777

Registered Users (C)
Hi,
 I am in a peculier situation. Applied for I-485 in July-2001 (ND 21-Sep-2001). Now my company wants to start an off-shore operation in India and wants to draft me for it. The deal is that when-ever my presence is needed in USA for the GC processing, I can come here. Can anyone tell if such an arrangement will work out and GC continue un-impeded? Any related info would be highly appreciated.
 
Is continious presence in US mandatory during I-485 stage?

Hi,
 I am in a peculier situation. Applied for I-485 in July-2001 (ND 21-Sep-2001). Now my company wants to start an off-shore operation in India and wants to draft me for it. The deal is that when-ever my presence is needed in USA for the GC processing, I can come here. Can anyone tell if such an arrangement will work out and GC continue un-impeded? Any related info would be highly appreciated.
 
Reason

The reason you didn\'t get a response is coz. your question isn\'t something that should be asked here - it\'s complicated, and better handled by a lawyer.
 
I do not see a problem

GC is for future job. As long as your company can convince INS that you will be returning back and you are going only for a project I don\'t believe there should be any problem

My opinion only. Not a legal advise.
 
No Title

I don\'t see any problem. Continuous legal presence is what INS asks in a RFE sometimes if there is any indication of illegal stay. So don\'t worry.

Good luck!
 
thanks for your replies guys! But.....

I am not sure if this is relevant...I will be paid in Indian currency (this is a continious stay in India - not a limited duration affair) and hence technically am no longer on H1 ( in other words I will not be contributing to Social Security, MedicAid etc. Obviously I would be paying taxes in India and not in US) So wouldnt this be an issue? I thought the 181 days of continious stay requirement once the GC is issued is to ensure that one would stay in US and contribute various taxes. Any thoughts??????
 
I don\'t see any problem

I don\'t see any problem. Consult your lawyer and apply for advance parole before leaving the U.S.

But make sure might have to visit the U.S. frequently.

Don\'t cancel your H-1B yet.
 
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