Marrying a US Citizen. May Not get AP in time. How to come back from India. leaving US on valid L1B

5

507107314

Registered Users (C)
I will post dates so that my case is easy to understand
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Question Posted / Today's date : 11/11/2009

Myself (Spouse,Indian Citizen) on L1B Visa. Marrying US citizen in Dec 2009.

L1B visa (I-94 and visa ) expire date : 03/01/2010
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Employer is not extending employment in USA, so I have to go back in Feb 2010. I am planning to apply all necessary forms to consulate (AOS,GREEN CARD, AP).

I may not get AP before Feb 2010 as the processing time is 3 months. I believe infopass AP is another option but not sure if I can get AP .

Why I need AP ? If I leave US in FEB 2010, I don;t want to abandon AOS/ GREEN CARD. I am not sure If my employer in India will send me again to USA so I may not have valid Visa after FEB 2010. I must go back to India as per my job assignment as I came from India to US on deputation. If I don;t go back I will loose many financial benefits from company. I should work in India for 2 month only after my return to get all benefits.


My concern: I can explain the same at infopass to get AP. But not sure if they will give me as it is case by case.


Can i leave to India without AP in Feb 2010 (L1B is valid until March2010) without abanding AOS/GC processing and come back WITHOUT AP. What options I have ? Please explain me.

Can i try B1/TOURIST VISA or K3/K4/K2 visa to comeback and still don't abandon the processing.



Thanks
 
As your long your L-1B visa and status is valid, you can return without AP, otherwise not.

507107314 said:
Can i leave to India without AP in Feb 2010 (L1B is valid until March2010) without abanding AOS/GC processing and come back WITHOUT AP. What options I have ? Please explain me.

Can i try B1/TOURIST VISA or K3/K4/K2 visa to comeback and still don't abandon the processing.
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507107314 said:
Can i try B1/TOURIST VISA or K3/K4/K2 visa to comeback and still don't abandon the processing.
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No. Those will set back your situation. If you have a L1 visa stamped in your passport, use that to reenter the US. If you have L1 status but don't have the visa stamped in your passport, you need to visit a US consulate for stamping before you return to the US.

But if you cannot return with an unexpired L1 because your employer won't extend the L1, you'll be stuck outside the US and you'll need to switch to consular processing. Or specify consular processing when the I-130 is filed, so you don't have the delay resulting from switching to CP after the I-130 is filed.

Or just quit the job in Feb and don't leave the US. You're going to have to quit the job sometime next year anyway, because once you get the green card (which should happen in the first half of next year) and start living permanently in the US with your spouse, you won't be working for the employer in the US any more if they're not extending your US assignment.
 
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OP, in reality, AP takes about 1.5 months. In addition to that, you can request expedite processing by calling the USCIS toll-free number.
 
Thanks all. I will probably stay after marriage and leave only after I get AP (emergency or normal).

Meanwhile I will try to talk to employer about my personal situation , hoping they will keep me until April 2010 which will be super cool.

I am also thinking of consular processing if It's must to leave in Feb.

Thanks
 
Suppose you got the GC by the end of February. Would you still leave to work in India? Are you aware that working outside the US for an extended period after GC approval can jeopardize the GC?
I am also thinking of consular processing if It's must to leave in Feb.
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It's only a must if you want to work for the employer in India. I wonder why you're so concerned about holding on to an India-based job that will jeopardize your green card, instead of looking for a US-based job that will keep you employed in the US after GC approval.
 
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Jackolantern said:
I wonder why you're so concerned about holding on to an India-based job that will jeopardize your green card, instead of looking for a US-based job that will keep you employed in the US after GC approval.
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Jack , you have asked a nice question:

A) I will work only 2 months in India. There is a reason for it. Approx 6/7K bonus I will get after working for a month. Notice period to quit is one month. So total 2 months. It's free flight to India and also I didn't see my parents for last 3 years.

B) Even though it is a Indian based company, they have significant clients in US and also I can always bargain to work in US for the same Indian based company and in the same branch with GC. I will be considered promotions in future (move up in hierarchy) as I am with them for 7 years so far. It makes sense.

c) If point B doesn't work ,,,then I will quit the company in India after getting benefits and come back to USA.
Either way I will come back to US after 2 months

Jackolantern said:
Suppose you got the GC by the end of February. Would you still leave to work in India? Are you aware that working outside the US for an extended period after GC approval can jeopardize the GC?
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So Working 2 months in India will create any problem ? I don't think so . Correct ?
 
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507107314 said:
So Working 2 months in India will create any problem ? I don't think so . Correct ?
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No, 2 months shouldn't be a problem. I thought you were planning to stay much longer, as I didn't realize those two months made such a big difference (with the bonus and all).
 
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