GC-OUTSIDE USA for >3 MONTHS ..Immediate.

[Hawa Hawa]

One of my friend is in India since Nov 25th 2004.He is a GC Holder.

Is it going to be a problem in the port of entry if my friend come back to US on 10th May 2005 ?

His lawyer said that its going to be a problem since his is an employment based GC and since he doesnt have any job for more than 3 months.

Any ideas ?

 

[TheRealCanadian]

Is it going to be a problem in the port of entry if my friend come back to US on 10th May 2005?

If he's been out for 180 days it should not be a problem.

His lawyer said that its going to be a problem since his is an employment based GC and since he doesnt have any job for more than 3 months.

So what? A GC allows one to not work, and anyways, what he does or doesn't outside the US is none of CBP's concern.

 

[dsatish]

your friends lawyer is a joker. A GC holder can stay outside this country for 6 months without any re entry permit.

 

[qwertyisback]

One of my friend is in India since Nov 25th 2004.He is a GC Holder.

Is it going to be a problem in the port of entry if my friend come back to US on 10th May 2005 ?

His lawyer said that its going to be a problem since his is an employment based GC and since he doesnt have any job for more than 3 months.

Any ideas ?.

your friends lawyer is a joker. A GC holder can stay outside this country for 6 months without any re entry permit.

Dsatish and TRC, I am confused , So you are suggesting that if somebody changes his employer after GC, BIG problem, but remains unemployed (Very soon after GC for OP) and go to India (without Job), no problems . And their lawyer suggesting againest it becomes "joker"!!!! I don't get it. I think his lawyer is just cautioning OP about famous "intent after GC" part which is accepted by you and others in principal!!! RIGHT???

 

[jvs1]

I think immi officer at the port of entry may ask about employer. But still, he should be able to get in .....

 

[dsatish]

Dsatish and TRC, I am confused , So you are suggesting that if somebody changes his employer after GC, BIG problem, but remains unemployed (Very soon after GC for OP) and go to India (without Job), no problems . And their lawyer suggesting againest it becomes "joker"!!!! I don't get it. I think his lawyer is just cautioning OP about famous "intent after GC" part which is accepted by you and others in principal!!! RIGHT???

Who told you that this guy got his GC just now ? The question is about how long some one can stay outside the country without a re entry permit. It was not mentioned by the poster that the guy left to india soon after getting the GC. In any case neither i nor TheRealCanadian supported the 6 month rule of dumb. I only suggest 3 months rule of thumb, that too i do it lightly unlike some people who forecast doomsday if some one does not follow 6 month thumb rule.

 

[qwertyisback]

Who told you that this guy got his GC just now ? The question is about how long some one can stay outside the country without a re entry permit. It was not mentioned by the poster that the guy left to india soon after getting the GC. In any case neither i nor TheRealCanadian supported the 6 month rule of dumb. I only suggest 3 months rule of thumb, that too i do it lightly unlike some people who forecast doomsday if some one does not follow 6 month thumb rule.

OP didn't asked bout reentry permit.. His q/s is about (after GC)without job/stay in India and return to USA.. Will it be a problem??

I never said that you or TRC insists on any rule of thumb(after GC, job change blah blah). But I said you agree with "intent after GC" part in principal. RIGHT?? So staying unemployed and going back to India does violate intent and I think his lawyer is cautioning about that "intent" (OP is it right??).

I think his lawyer has a point unless you disagree totally "intent after GC" part......

 

[TheRealCanadian]

I never said that you or TRC insists on any rule of thumb(after GC, job change blah blah). But I said you agree with "intent after GC" part in principal. RIGHT?? So staying unemployed and going back to India does violate intent and I think his lawyer is cautioning about that "intent" (OP is it right??).

Before I engage in this discussion with you, let's agree on one ground rule: when one gets an EB GC, they need to stick around for a "decent interval", be it six months or one day. I'm not going to argue with you over the duration.

Once that "decent interval" is passed, you can do whatever you want. If you don't want to work and can support yourself, you can do so. If you want to see the world (and not abandon your US residence), you can do so. There is absolutely no requirement once the "decent interval" is over to work for any employer.

 

[qwertyisback]

Before I engage in this discussion with you, let's agree on one ground rule: when one gets an EB GC, they need to stick around for a "decent interval", be it six months or one day. I'm not going to argue with you over the duration.

Once that "decent interval" is passed, you can do whatever you want. If you don't want to work and can support yourself, you can do so. If you want to see the world (and not abandon your US residence), you can do so. There is absolutely no requirement once the "decent interval" is over to work for any employer.

First, its not about duration(after GC), all those duration is everybody's guess and don't have any supporting evidence. So no argument there. But for EB GC, there is underlying/explicit declaration that GC holder has to have intent to work permanently with sponsor.

As Rajiv Khanna said
"The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases."

Then being unemployed seems violating that aspect totally... RIGHT???

For job change(after GC, at any duration), GC holder can atleast argue about AC-21 and it might extended after GC and if job change allowed before GC then why not after GC and some valid reasons for job change... blah blah blah....


But being unemployed, I see clear violation of "intent after GC", without any ground to argue with CIS.(incase CIS asks).

 

[TheRealCanadian]

But being unemployed, I see clear violation of "intent after GC", without any ground to argue with CIS.(incase CIS asks).

So you're arguing that if the "permanent" employment with the sponsor ceases at any point, the GC is no longer valid, even if this occurs 20 years later?

 

[qwertyisback]

So you're arguing that if the "permanent" employment with the sponsor ceases at any point, the GC is no longer valid, even if this occurs 20 years later?

NO. employment after GC can be changed at any time as CIS allows job change before GC then why not after GC??? Take lawyers advice and change it whenever you want. Thats it.

But "unemployment" after GC can be problem as it seems violating "intent after GC" without any grounds to argue with CIS(incase they ask )

 

[TheRealCanadian]

But "unemployment" after GC can be problem as it seems violating "intent after GC" without any grounds to argue with CIS(incase they ask )

Does this mean that a permanent resident who received the GC via marriage is violating "intent after GC" if they are widowed or divorced and do not immediately remarry?

 

[qwertyisback]

Does this mean that a permanent resident who received the GC via marriage is violating "intent after GC" if they are widowed or divorced and do not immediately remarry?

I have no idea about those GC and their requirements. But its interesting q/s, don't know the answer.. Does anybody know whats happens to those widower/divorcee GC??

My point is for EB GC, why "intent after GC" is applied (on this board) only for job change. But unemployment,going back to home country is excluded from those "intent" trap?? I think these scnerios also not safe too if "intent after GC" notion is accepted.!!!

 

[TheRealCanadian]

My point is for EB GC, why "intent after GC" is applied (on this board) only for job change.

It's not.

Until the "decent interval" has passed, switching jobs or quitting are treated the same way.

 

[qwertyisback]

It's not.

Until the "decent interval" has passed, switching jobs or quitting are treated the same way.

You didn't answer my q/s ,Did you accept "intent after EB GC" notion in principal???

If you accept that part then being extended unemployed after GC is clearly goes againest that notion.... Its worse than changing job after GC. With changing jobs, you can get away with some reasoning but if somebody voluntarily leave job and go back to home country for extended time (like 5/6 months), then CIS can question about his intent for getting GC...RIGHT??? And it can happen at POE also....They can ask simple q/s like "Why you need EB GC when you don't wanna work and stay out of USA??? Then what will you answer?? trapped , GC gone...RIGHT???

 

[sertra2002]

You didn't answer my q/s ,Did you accept "intent after EB GC" notion in principal???

If you accept that part then being extended unemployed after GC is clearly goes againest that notion.... Its worse than changing job after GC. With changing jobs, you can get away with some reasoning but if somebody voluntarily leave job and go back to home country for extended time (like 5/6 months), then CIS can question about his intent for getting GC...RIGHT??? And it can happen at POE also....They can ask simple q/s like "Why you need EB GC when you don't wanna work and stay out of USA??? Then what will you answer?? trapped , GC gone...RIGHT???

I totally disagree with qwertyisback here.

See, once you are a GC holder, you can not only change employers (lets not start the 6 months / 3 months debate), but you can remain un-employed, open up a business or do whatever you want, as long as its legal. Thats why they say, 'enjoy your freedom', on getting approved.

Ofcourse if you want, you can keep putting forth the 'intent after GC' point and keep scaring yourself and others from moving on with their lives. Now I don't know how to explain this, and how to put forth convincing arguments, but rules like 'intent after GC' should NOT be taken too much to heart. As we all know, life does not stop with one job and one employer. If you want to worry about anything after GC, more than worrying about sticking to same job after GC is to remain on the right side of the law, for that is what uncle Sam will be more concerned about, and not whether you left company ABC and joined XYZ, or XYZ fired you and you went to your home country for a few months.

As far as the answer to the last question goes, What if I said a simple thing like 'I had a family emergency back in my <countryname> and had to stay there to take care of some urgent matter, but now thats setteled and I am back.' Would the POE inspector take the drastic step and cancel my GC ????

 

[qwertyisback]

Ofcourse if you want, you can keep putting forth the 'intent after GC' point and keep scaring yourself and others from moving on with their lives. Now I don't know how to explain this, and how to put forth convincing arguments, but rules like 'intent after GC' should NOT be taken too much to heart. As we all know, life does not stop with one job and one employer. If you want to worry about anything after GC, more than worrying about sticking to same job after GC is to remain on the right side of the law, for that is what uncle Sam will be more concerned about, and not whether you left company ABC and joined XYZ, or XYZ fired you and you went to your home country for a few months.

I am not trying to scare anybody here... Just pointing out that "intent after GC" is pounded so much for changing jobs by most of members then why those members skips that notion conviniently for staying unemployed/extended stay at home country??? . By strict interpretation of "intent after GC", unemployment/extended stay out of USA(after GC) should also get in trouble too.

As far as the answer to the last question goes, What if I said a simple thing like 'I had a family emergency back in my <countryname> and had to stay there to take care of some urgent matter, but now thats setteled and I am back.' Would the POE inspector take the drastic step and cancel my GC ????

But thats lying....What if CIS officer investigate more and found out that you are lying???? I am just speculating, so don't get scared here

 

[TheRealCanadian]

You didn't answer my q/s ,Did you accept "intent after EB GC" notion in principal??? If you accept that part then being extended unemployed after GC is clearly goes againest that notion.... Its worse than changing job after GC.

I'm starting to seriously question who had more free time, you or JoeF.

Until the "decent interval" has passed, the notion of intent is clearly there and it makes little to no difference wether someone quits for another job or simply to sit around, watch TV and eat bon-bons.

After the "decent interval" has passed, what a GC holder does is utterly irrelevant.

 

[qwertyisback]

Until the "decent interval" has passed, the notion of intent is clearly there and it makes little to no difference wether someone quits for another job or simply to sit around, watch TV and eat bon-bons.

After the "decent interval" has passed, what a GC holder does is utterly irrelevant.

I am learning new thing, "intent until decent interval(30 day or 30months, not sure)"!!!!! . I wish you work for CIS and publish such rules for free entertainment of immigrant community .

 

[sertra2002]

I am not trying to scare anybody here... Just pointing out that "intent after GC" is pounded so much for changing jobs by most of members then why those members skips that notion conviniently for staying unemployed/extended stay at home country??? . By strict interpretation of "intent after GC", unemployment/extended stay out of USA(after GC) should also get in trouble too.

They may get in trouble, but that trouble will be restricted to being asked uncompfartable questions, like you asked in last post. But no POE inspector will go to the extent of cancelling the GC, if you have half a brain and can provide a reasonable answer.

But thats lying....What if CIS officer investigate more and found out that you are lying???? I am just speculating, so don't get scared here

First this may not be a lie. Second the officer may not be you, and take the trouble of calling my governmanet to find out what I said was the truth !! Thirdly I am not getting scared, only trying to put my point forward.

Let me try to be a little philoshpical here and give this for you to chew on.. did we all make it this far in life by telling the truth, always the truth and nothing but the truth???? Did you never ever lie/misrepresent anything in your life, that includes your GC process?? (Before you say anything rememebr the condition for sponsorship for EB GC is 'if an employer cannot find a suitable qualified citizen/PR to do the job, then and only then can he sponsor a non-citizen. But before that he will make all efforts to find a US citizen or PR. Can you honestly conclude that your employer did that. If not, then according to the strictest interpretation of EB GC, you or most of us should not even have a GC right now !! In most of the case its always the reverse, we have a candidate, could be you or me, and employer sponsors a GC for us. That is absolutly wrong. There has to be a position, a recruitment effort and then a candidate should be sponsored, not the other way round, if you know what I mean !!!! )