How long can u stay out of the country on an AP

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pceefan

Registered Users (C)
Hello Forum

I am considering a change in job to another companyy here in CA, but the job requires me to travel to India and set up the India development center. This whole thing will take about 9-12 months ( I will be getting paid in US with payroll being run here)

I wanted to know if you can throw some light on how long can I be away outside of the US on an AP. I have used the AP many times before (6times so far) and every time I get questioned about the duration of my stay by a BCIS officer.

So am a bit worried whether they will create problems if I go out for 9 months on the trot.

Any suggestions?
 
As long as your AP is valid and you enter the US before it expires (offcourse you need to be in the US when it is issued), then you should be fine.

The AP does not have any restrictions upon duration of stay other than its validity itself.

Congratulations on the opportunity and good luck!
 
140 Thanks

What I also want to know is whether there is any obscure rule like the rule that applies to Abandonment of GC if u stay out of the country on a GC for more than 180 days without applying for a reentry permit?

My lawyer is not sure about it, she says that changing a job, going out of the country for such a long time may be seen as abandonment???

Any help or thoughts will be greatly welcomed with a prayer to Ganesha that the contributor gets his/her GC fast!!:D
 
As long as your payroll is being processed here without a break and your AP is valid you should be fine.

If your payroll is processed here, I expect you to pay US taxes, get pay-stubs and w-2 from the company. So you already have your RFE response ready :).

I would suggest inform BCIS about your change of job with AC21 with the new company and you should be fine.
 
pceefan,

As far as I am aware there isn't any rule on using AP. Infact thinking logically, the GC itself is for future employment and NOT for current. Effectively you could be sitting in your home country and as long as you are here on approval and your company is willing to state they can't do without your skills you should be okay. So abandonment of AOS is not applicable here due to the very nature of the GC (future employment).

Offcourse having your payroll processed here, and this being a genuine situation in which you are actually setting up the company's office in India you should be okay.

Originally posted by pceefan
Any help or thoughts will be greatly welcomed with a prayer to Ganesha that the contributor gets his/her GC fast!!:D
Click to expand...

:D, Thanks, I really need that. (Though a word of advise, I would check up with another lawyer for a second opinion).
 
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