Planning to visit Indian company (Pending 485 for 2 years)

R

ravisurya

Registered Users (C)
Hi All,

My I-485 and wifes 485 is pending from last 2 years and got the 3rd EAD and AP this month.
My wife came back from INDIA from her 5 weeks vacation with out any problems after using her AP (2 days back). Plus i am in the process of applying for my 8th YEAR extension for 3 years extension because my I-140 has been approved.

My question is: my company wants me to go INDIA to visit their sister company for 4 to 6 months or more. If i want to take this oppurtunity, does it pose any problems to current application or when i am coming back to USA at the port of the entry?

FYI, my company will be paying full salary while i am in INDIA.

Is anybody did the same thing fo far????????
Experts please reply and let me know....


Thanks,
Ravi Surya.
 
I can talk about only one thing - My attorney who is filing for 8th year extension said I can not get 3 YEAR extension eventhough my I-485 is pending. That 3 YEAR extension is only for folks who are effected by retrogression; means I-140 is approved and could not file I-485 extension due to Priority dates not current !!. If your I-485 is pending then you can not file for 3 YEAR extension, only 1 year extension. I was suprised. May be someone can give more details.

HTH
 
I am not sure I understand what you mean by '... i am in the process of applying for my 8th YEAR extension for 3 years extension because my I-140 has been approved' - are you on EAD or H-1 ?

Regarding going to India for 4 to 6 months, it should have no impact on your I-485. I did the same thing last year. My company sent me to India for a little over 8 months to help set up the operations in Gurgaon. There were no problems in Port-of-Entry...no questions asked and no impact on my I-485. Its still pending.

My I-485 is filed under EB3 - India and has been pending since 2002.
 
I got my 7th year and it is getting expired on March 21st 2006. So our lawyer is filing for 8th year and he told me that we can file for 3 years as long as my I-140 is approved.
No i am not using EAD but my wife has used AP for her return to US.

I know no body will ask at the port of entry, why are outside of US (In india) and how long ....but at the time of GC approval, if you are outside of US for more than 6 months, then your intention to stay in this country after GC approval is less .....my question is, at the time of approval, do they see all these things or it is all BS.


-Ravi Surya.
 
RaviSurya,

Just make sure somebody is here and can check your mails. Sometimes, USCIS may send Finger print notice (sometimes you may not see this online). If you don't respond it may lead to more complications, they may think you do not need GC anymore.

Just my 2 cents.
 
ravisurya said:
I got my 7th year and it is getting expired on March 21st 2006. So our lawyer is filing for 8th year and he told me that we can file for 3 years as long as my I-140 is approved.
No i am not using EAD but my wife has used AP for her return to US.

I know no body will ask at the port of entry, why are outside of US (In india) and how long ....but at the time of GC approval, if you are outside of US for more than 6 months, then your intention to stay in this country after GC approval is less .....my question is, at the time of approval, do they see all these things or it is all BS.


-Ravi Surya.
Click to expand...

So I talked to my lawyers before / going taking my 8 month India assignment and also confirmed it by a couple of other immigration lawyers. According to them there should not be any problems during GC approval. I was still based out of the US office, with the same manager and pay during this assignment.

Now if I had changed my status to 'Expat' then there might be some other things that I would have to worry about. But since I was not an Expat...I did not worry about asking about those things.
 
ravisurya said:
I got my 7th year and it is getting expired on March 21st 2006. So our lawyer is filing for 8th year and he told me that we can file for 3 years as long as my I-140 is approved.
No i am not using EAD but my wife has used AP for her return to US.

I know no body will ask at the port of entry, why are outside of US (In india) and how long ....but at the time of GC approval, if you are outside of US for more than 6 months, then your intention to stay in this country after GC approval is less .....my question is, at the time of approval, do they see all these things or it is all BS.


-Ravi Surya.
Click to expand...


Ravi,

Can you please confirm that you were able to file for 3-YEAR H1 extension? I have my I-140 approved and I-485 is pending (PD is current) but my lawyer says that only 1-YEAR H1 extension can be filed not 3-YEAR extension.
 
ravisurya said:
I got my 7th year and it is getting expired on March 21st 2006. So our lawyer is filing for 8th year and he told me that we can file for 3 years as long as my I-140 is approved.
No i am not using EAD but my wife has used AP for her return to US.

I know no body will ask at the port of entry, why are outside of US (In india) and how long ....but at the time of GC approval, if you are outside of US for more than 6 months, then your intention to stay in this country after GC approval is less .....my question is, at the time of approval, do they see all these things or it is all BS.


-Ravi Surya.
Click to expand...


Ravi,

Can you please confirm that you were able to file for 3-YEAR H1 extension? I have my I-140 approved and I-485 is pending (PD is current) but my lawyer says that only 1-YEAR H1 extension can be filed not 3-YEAR extension.

TIA
 
Our lawyers will be filing my app for my 3 year extention today. We will see how it goes, we should get a response in 2 weeks. I will let u know how it goes.

Stay tune.

-Ravi Surya.
 
I think you'll be better off using EAD / AP. This will save you from the hastles of extensions. Also, for your visit to India, make sure it is under 180 days. I'm not sure but I think there is some restriction on the amount of time you can be out of country.

Thanks
 
As per Murthy if I140 approved and I485 pending and affected due to retrogression then H1B extension is for 3 yrs. Also when you leave for India make sure that you have a valid AP to return back or since you will be in India for such a long time you could also have your passport stamped with H1B visa and enter using your visa as that is the ideal way to enter as a non immigrant
 
thukralrk said:
I think you'll be better off using EAD / AP. This will save you from the hastles of extensions. Also, for your visit to India, make sure it is under 180 days. I'm not sure but I think there is some restriction on the amount of time you can be out of country.

Thanks
Click to expand...


The 180 day rule is only for tax purposes. If you want to save your company from paying a bunch of taxes on your behalf, then make sure you do not spend more than 180 days in India in a given Indian tax year (April 1st - March 31st) and 365 days in 4 rolling consecutive years. If you even spend a minute of the new day in India, its considered to be a full day.

Kinda important since most of the international flights leave India right after midnight. My company learnt this the hard way a few years back.
 
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