Green acrd

F

Ferrel

New Member
Need advice.
We recently got I-551 stamped which is employer sponsored EB-3. I intend to delay the entry till summer, shall wait for kids to have summer vacations. But Intend to go there for 4 weeks and apply for re-entry permit and return to UK to stay another two years.
Question is any issues in doing so, since I will not be joining my sponsor employer.
 
If you don't join your sponsoring employer and they complain to USCIS, it's likely that your GC be revoked due to fraud. Since you appear to be a CP case, you have no AC21 protections.
 
Your green card can be revoked if you don't work for the sponsoring employer and also fail to work for another US employer in an AC21 compliant job (if you are eligible for AC21).
 
TheRealCanadian said:
If you don't join your sponsoring employer and they complain to USCIS, it's likely that your GC be revoked due to fraud.
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And even if the employer doesn't complain, the failure to work for the sponsoring employer can be discovered during the citizenship process.
Since you appear to be a CP case, you have no AC21 protections.
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It appears the OP is not even planning to work for another US employer whatsoever, in which case AC21 would irrelevant even if it applied to CP.
 
Ferrel said:
Need advice.
We recently got I-551 stamped which is employer sponsored EB-3. I intend to delay the entry till summer, shall wait for kids to have summer vacations. But Intend to go there for 4 weeks and apply for re-entry permit and return to UK to stay another two years.
Question is any issues in doing so, since I will not be joining my sponsor employer.
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Why did you bother with the green card at all? If you're not going to use it to live in the US, go to the US consulate and file I-407 to surrender your permanent residence. Then you can use your UK passport (if you are a UK citizen) to enter the US periodically as a visitor.
 
Thanks for reply.
Being on work permit here in UK, I would need another one and half year to qualify for permanent residency here which at least, at the moment seems less time than 5 years in US. But at the same time I do not want to loose GC, of course, possible reply could be to choose one rather tie-in in to both. In in my case GC through CP came quicker than we expected.
In UK 90 days is max one can be out of country in one year. What if enter US join the sponsor employer and after working 3 months return to uk with re-entry permit. Does it work or it has to be as many recommend 180 days. Consular processing rules are a bit unclear than compared to adjustment of status.
 
Although 6 months would be preferable, there is no specific minimum time frame and working for the US employer for 2-3 months should be sufficient to fend off the allegations of immigration fraud that might occur if you entered the US as an employer-sponsored permanent resident and then didn't work for anybody.

But maintaining the US permanent residence has its own requirements. If you have extended absences outside the US, even with a reentry permit, you are expected to maintain ties of residence to the US while you are away and NOT establish/strengthen such ties in another country. Working in another country in pursuit of permanent residence in that country is grounds for revoking your US PR. So if you are going to arrive in the US to work for a short time and then go back to the UK with a reentry permit, make sure you have dropped your UK PR processes before returning to the US. Ultimately, you won't be able to keep both UK PR and US PR in the long run, even if you are able to get away with it for a few months or a couple years before one or both governments find out.
 
Remember that as a US permanent resident you are required to pay tax to the US IRS on all your world-wide income.
 
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