Going to India for L1A

[user_ca]

Hello there,

I am having EB3 EAD valid till Oct 2010. H1B is valid till June 2010. PD is March 2005.

My company has offered me to work in India so that when I return to USA they can do EB1 (under L1A) for me. Before I take this offer I want to make sure I can cover up the risks involved.

1) In order to take this offer, I have to resign my US job and take the job in India (same company). Do I lose my H1B since I resign US job and returned to India? If so, I cannot use my H1B visa to come back to USA after a year. Is that so?

2) If I go India now, I will not be in USA to extend my EAD on Oct. Is it better to postpone India trip until I extend EAD for next two year? I feel I can use EAD to take US job, if my L1A is rejected in India after working one year there.

3) I will not have valid AP when I come back after a year (because AP is valid for only one year). If in case there is problem in L1A visa, How do I come back and continue the job with existing (or renewed) EB3 EAD? (this is where I thought of using H1B as fall back plan. But I don’t know I can do so - 1st question)

I am very much confused. Please clarify.

Thanks,
User_CA

 

[jk0274]

1- If you lose your H-1B job, then you invalidate your H-1B status. Once you leave US soil, you are no longer in any US status, H-1B or otherwise. You would be ineligible for H-1B status in the US for one year after departure as well.
If you're staying with the same company, do you have to resign?

2- Your EAD does not confer any status on you, it merely authorizes you to work as long as your AOS application is properly pending. It has no other purpose or benefit. You wrote that you want to be able to come back to the US and have an EAD to work, but in order to be able to use your EAD, your original I-485 (EB3) that is currently pending must not be abandoned when you leave the US. If your L1A is rejected in India, and you don't have AP, then how do you expect to return to the US? Moreover, if you can't return to the US on H-1B or L visas, and you have no AP, then your AOS application will be deemed abandoned, and thus your EAD will be useless.

3- It is highly recommended that, if you decide to pursue your plan, you apply for (and obtain in your possession) an AP document before you leave. That way you don't have to worry about anything else. Note, however, that you MUST return to the US before this AP expires. So apply for it a few weeks before your planned departure, and leave as soon as you get it (but not before). Then return before it expires.