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How long we can be on AP out US
- Thread starter kriskish
- Start date
kriskish said:Hi guys,
I am in a desperate situation where I have to work in India during GC process. How long can a person be out of US after getting AP? If somebody can give me an idea that will be great.
Thanks
KK
You need to have approved AP before you can leave US. You can stay out of US until the AP expiration date. You need to be back before it expires. Of course, USCIS might wonder why you are not working for your employer (if labor cert route).
Hi jllag1,jllag1 said:You need to have approved AP before you can leave US. You can stay out of US until the AP expiration date. You need to be back before it expires. Of course, USCIS might wonder why you are not working for your employer (if labor cert route).
Thanks for the info. Do you see any issues while coming after 9 months in India at the port of entry. My company terminated my position in US and want me to work in India. We will apply 140 & 485 in next two weeks. Do you have any idea when can I comeback and work for another company i mean at what stage? If you can answer that will be great if not that is also great.
Thanks
KK
kriskish said:Hi jllag1,
Thanks for the info. Do you see any issues while coming after 9 months in India at the port of entry. My company terminated my position in US and want me to work in India. We will apply 140 & 485 in next two weeks. Do you have any idea when can I comeback and work for another company i mean at what stage? If you can answer that will be great if not that is also great.
Thanks
KK
No, you will not face any problems at POE as long as you have valid AP. Well, as long as you are still working for the same employer and they intend to employ you full time after GC in US, you should be ok. Also, if you get RFE for I-140 or I-485, your company should be prepared to respond. You can use AC21 to change your job and move to some other employer after 180 days of 485 pending and 140 approved.
jllag1 said:No, you will not face any problems at POE as long as you have valid AP. Well, as long as you are still working for the same employer and they intend to employ you full time after GC in US, you should be ok. Also, if you get RFE for I-140 or I-485, your company should be prepared to respond. You can use AC21 to change your job and move to some other employer after 180 days of 485 pending and 140 approved.
Hey jllag1,
I will be still working with the same employer in India and for sure I will NOT be employed in US. I want to comeback and to do a job in new company. But frankly I am not sure how can I comeback? 140 approval is taking now like atleast an year. So by that time AP will get expired. I could not see any ray of light in my case. If you have any comments or suggestions please let me know so that I can ask the attorney.
Thanks
KK
kriskish said:Hey jllag1,
I will be still working with the same employer in India and for sure I will NOT be employed in US. I want to comeback and to do a job in new company. But frankly I am not sure how can I comeback? 140 approval is taking now like atleast an year. So by that time AP will get expired. I could not see any ray of light in my case. If you have any comments or suggestions please let me know so that I can ask the attorney.
Thanks
KK
Well, you cannot leave country until your AP is approved. Your only hope is to apply for I140/485/EAD/AP as soon as you can and pray that your 140 get approved without any hitch. Hopefully you have good equations with your current employer so that they will respond to any RFEs. Than after 180 days, you can start hunting for another job in US. In the meanwhile, you need to come back before AP/EAD expires and apply for another AP/EAD and keep doing that until you find another job here.
jllag1 said:Well, you cannot leave country until your AP is approved. Your only hope is to apply for I140/485/EAD/AP as soon as you can and pray that your 140 get approved without any hitch. Hopefully you have good equations with your current employer so that they will respond to any RFEs. Than after 180 days, you can start hunting for another job in US. In the meanwhile, you need to come back before AP/EAD expires and apply for another AP/EAD and keep doing that until you find another job here.
Hi jllag1,
You have mentioned after 180 days that means before 140 approval after 140 approval? Please let me know.
Thanks
KK
kriskish said:Hi jllag1,
You have mentioned after 180 days that means before 140 approval after 140 approval? Please let me know.
Thanks
KK
180 days after I485 has been pending, PROVIDED I140 is approved.
jllag1 said:180 days after I485 has been pending, PROVIDED I140 is approved.
Thanks alot for your suggestions. You guys are awesome in taking time to reply these critical questions.
Sincere Thanks to you
KK
Hi Kriskish
Are you saying that you originally had a job in the US, but your employer has now laid you off and offered you a position in India instead? If so, do they still intend to employ you in the US after your GC is approved or not? If not, then I think it would be fraudulent to file your I140 and I485 and could get you into serious trouble.
Are you saying that you originally had a job in the US, but your employer has now laid you off and offered you a position in India instead? If so, do they still intend to employ you in the US after your GC is approved or not? If not, then I think it would be fraudulent to file your I140 and I485 and could get you into serious trouble.
dms said:Hi Kriskish
Are you saying that you originally had a job in the US, but your employer has now laid you off and offered you a position in India instead? If so, do they still intend to employ you in the US after your GC is approved or not? If not, then I think it would be fraudulent to file your I140 and I485 and could get you into serious trouble.
Hi DMS,
Thanks for the input. This is one of the thing which I was thinking once they told me that my position has been terminated and if employed in India still they will continue the gc process. I will ask this question to the attorney tomorrow when I meet him. I am right now no where. Just trying to save the gc process.
Thanks
KK