EAD, Termination vs Job abroad.

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steve_jobs

Registered Users (C)
Hi,

I've an EAD and I have let go my h1-b status long back and so I'm employed with my EAD. My wife is part of my GC application as well, and she her EAD as well.

We are considering moving back to India. My future employer, has US presence, but this job is based in India. And so we're exploring as whether we can keep our GC or EAD status and if so how.

  1. Is it possible for me to take this employment in India and maintain EAD status ?
  2. If I'd loose my EAD status and if my future employer has to send me to US on a business visit - will it affect me getting either a B-VISA or H-VISA ?

Please share your thoughts and/or experience.
 
1. There is no such thing as "EAD status". EAD is a document, not a status. Besides, when you are not in the US, you don't have any non-immigrant US status since, well, you're not in the US. Your question is whether your AOS application will be abandoned if you move back to India, and the answer is yes, unless you have an Advance Parole document before you leave and you return to the US before it expires. You cannot renew an AP document abroad. Also, if you are called for second fingerprints by USCIS prior to your green card approval, and you don't appear, or you receive an RFE and fail to respond, your application will also be abandoned.

2- This is up to the consulate. However, if you can show that you voluntarily surrendered your US residency (especially after your GC was approved), then they have less reason to suspect that you might want to immigrate to the US.
 
Thank you JK0274.

On Advance Parole : Yes, I do have. Well the last one expired and have already applied for its extension, hopefully it comes soon. And I believe I'd
be here in US, by the time it arrives and would be carrying it with me,
while I settle in India.

I've one follow up question :-

While it is possible for me to come back to US, before its expiration and even for any RFE's to follow up - is it a violation if I do it being under the new employer ?

i.e.
1) I'd have taken an employment, not US based
2) I'd come to US on work-related travel and I'm not sure if I can still use my EAD and AP

Thanks !
 
If USCIS asks you to prove that you have a job lined up in the US based on your labor certification (or I-140), then you must provide that information. Failure to do so may render your I-485 denied. You can do whatever you want before you get your green card (carefully though), but in order for your green card to be approved you may be asked to prove that you have a job in the US and you are currently employed or you intend to be employed there.

If you want to settle back in the homeland, then it sounds like you might as well abandon your I-485 and just obtain a visa whenever you need to visit !
 
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