Going to home country

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Chuck2003

Registered Users (C)
Gurus:

Does moving back to home country with same employer to do similar job while GC is processed has any implication? The assignment is temporary, but probably be around the time my file is reviewed by IIO. A US address will be maintained.

In case of RFE, the company will confirm permanent employment, but I’m wondering about pay stubs, as they will be generated in home country in local currency. Would that be a problem?

Any feedback is appreciated.

Thanks.
 
I heard some cases which took the same route and didn't face any problem. Remember GC is for a future job and during 485, you have to prove that you don't become a burden to the welfare in the US. Since your employer says he will give you a letter stating continued employment and you can tell BCIS that you went to India on project execution, I don't anticipate any problems in the future.
 
Frantic

Thanks for your response. Can I conclude that paystubs from home country in local currency are o.k.?

I'm currently working on L-1, but also got EAD, both valid until April 2004. My case is RD April 2002. What do you recommend: should I travel on L-1, or get AP and change to EAD?. My lawyer says if I leave US even on temp assignment, L-1 concludes, and would have to work on EAD until GC is approved.

Thanks again.
 
I am not at all sure about this...but..please cross check..about this. Because I know for sure if you leave the country while 485 in process ur case will be abandoned. (Also my analogy is when u get the Advance parole document also says that u have to leave the country for somepurpose and ur case will be resumed after u enter into the country)...

I could be totally wrong..please cross check the info...
 
parshu

Thanks. I'll try to find some more info. on this board. I'm not sure my Lawyer is 100% accurate on this.
 
Re: Frantic

Originally posted by Chuck2003
Thanks for your response. Can I conclude that paystubs from home country in local currency are o.k.?
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I'm not sure why you'd need paystubs if you are outside the US. The reason why BCIS often asks for paystubs is that if you are in the US in H-1/L-1 status, a condition of maintaining legal status is for you to be paid. If you are outside the US, wether you are paid or not is not BCIS's concerns.

My lawyer says if I leave US even on temp assignment, L-1 concludes, and would have to work on EAD until GC is approved.
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On what grounds does he make such a statement? If at the end of your assignment abroad your L-1 petition has not expired and you are returning to the US for the same employer and to do the same duties as in your L-1 petition, you are fine.
 
Originally posted by parshu
Because I know for sure if you leave the country while 485 in process ur case will be abandoned.
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Baloney; I've left the US almost a dozen times since my I-485 was filed without AP and never had a problem. Since with one exception I've never needed to surrender my I-94 when leaving the US and simply re-entered with it later, BCIS never knew I left the US until after I returned.
 
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