travel restriction for greencard applicant?

[xiaopang]

Me, China born, employer is planning to convert my LC into PERM soon (original application stuck at Philly backlog center, PD 3/2005). LC is for a U.S. position.

Now my boss is considering sending me to work in our China office (on a longer term basis as an expat, not sure if permanently, at least a year or two), and I am interested.

Question: During which of these periods can I work in China for the same company: now, PERM pending, 140 filed, 485 filed, or after GC approved? I assume after the GC is granted, I cannot go for more than 6 months at a time (or maybe 6 months per year?).

Any input is appreciated!

 

[HBG2001]

Hi,

If your GC is approved then you can not be out of US for more than 6 months in a year. However if you take a re-entry permit you can stay out of US upto 2 years. This is only if you have GC. If your LC, or I-140 is pending then I do not know the answer.

-Thanks

 

[xiaopang]

Thanks, that's very helpful. Now does the re-entry permit require any special qualifications to be granted (such as the fact that I will be working for a US company or some other circumstances), or nothing is really needed other than you need to apply for it?

Hi,

If your GC is approved then you can not be out of US for more than 6 months in a year. However if you take a re-entry permit you can stay out of US upto 2 years. This is only if you have GC. If your LC, or I-140 is pending then I do not know the answer.

-Thanks

 

[HBG2001]

Hi
As far as I know you can give any reason such as family or employment. For better information on this matter please refer other threads which deal with Green Card, Citizenship etc. Please remember, re-entry is only for GC holders.

-Thanks

 

[GotPR?]

Thanks, that's very helpful. Now does the re-entry permit require any special qualifications to be granted (such as the fact that I will be working for a US company or some other circumstances), or nothing is really needed other than you need to apply for it?

you can travel free during LC and I140 pending. You can do so even during I485 pending if you have H1/L1. If you do not have H1/L1 after I485 filing, you must have AP.(BTW, you can not file I485 during you are out of the US, you have to go with CP in that case).

 

[xiaopang]

How about if I am send to work overseas as an expat? Is that a material change in my employment, and therefore the LC/140 is no longer valid (my lawyer is very inflexible on these things so I don't want her to make a fuss about it)? Or is possible to work around it if I work there for a few months, then come back to the US for a month, and then back to China for another few months? Realistically, assuming 140 and 485 adopts premium processing soon, I should get a GC in less than a year, right? So I just have to travel back and forth a few times before I can work in Beijing as an expat?

you can travel free during LC and I140 pending. You can do so even during I485 pending if you have H1/L1. If you do not have H1/L1 after I485 filing, you must have AP.(BTW, you can not file I485 during you are out of the US, you have to go with CP in that case).

 

[GotPR?]

EB GC is for future employment and it does not matter where you are to file the petition(LC/I140) as long as your position in the US is available. But I485 must be filed in the US, If you have H1 or L1, you can come back to the US and then apply for I-485, get AP, and then leave the US for work abroad. Or simply go with CP.