questions about working outside US while I-485 pending

Y

yixin

New Member
Hi all,

I have a troublesome case that I would really appreciate your advice:

My company sponsored my I-485. I got married very late into the I-485 process and added my husband to the application. My case was approved but my husband's case is still pending. Now my husband got a good offer from the Beijing operation of a major IT company to work in Bejing. The position is Beijing based, not US based. He really wants to take the offer since he hasn't had luck finding an IT job here and he thinks the offer is important for his career. I am concerned about what the impact will be on his I-485 application? Will BCIS challenge his intention to become a permanent resident since he has EAD but choose to work outside US? Also if he goes to work in Beijing, what kind of changes do we have to file with BCIS for his application? Will he be able to renew EAD when it expires?

Many thanks for your help!
 
not an expert comment though

Once your 485 application is filed, you many not work anywhere else other than in USA or your native country where you have your passport....
Sorry, this message may not be pleasing for you or your husband, but it is definitely risky to work in any other country while your 485 is being processed. This is what my lawyer told me. You can take expert suggestions from your lawyer or Gurus here.
 
But his I-485 is derivative from yours, its not his I-140 which is the basis of his I-485. Its because of your I-140. And your I-485 has already been processed. Now you are a GC Holder. He can travel abroad on AP, but I'm not sure how long can he stay there.

You can also file for him as a spouse of GC Holder.
What visa is he on while in US?

I'd suggest contacting a lawyer.
 
The key is if he can come back. I think he can do everything, however, once the green card is approved, the AP is expired immediately, so he cannot come back with AP and he cannot get any non-immigration Visa. He may enter US with H-1B Visa (dual purpose).

just my 2 cent, and please consult the laywer.
 
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