URGENT - GC Approved but employer wants to keep me out of US

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koolibra

Registered Users (C)
I recently got my GC approved under H1b through my employer which has offices in US & India. While my case was under processing, my employer sent me to India on a temporary assignment. I have been out of US for last 4 months and during this time, my GC got approved. When my employer knew about the approval, they didn't like that and said that they wants to keep me in India and they would file a petition with INS against my GC approval.

I told them that they applied for my GC and while processing sent me to India due to financial crunch on temporary basis. However they are worried that I will leave the company if I got my GC so asking me to either surrender my GC or they will file a petition against my GC approval. Now that I want to go back to US office which is my obligation after GC approval, they are not letting me do that.

Please note that while all the time I was away from US, my salary was still coming from US office into my US accounts, my car and household stuff is still in US and my son has US nationality. When I came to India, I was in non-immigrant H1 status (H1 is still valid) and in my absence GC got approved.

Please advise as what to do against this very serious issue. Should i come to US, leave the job, continue working in india etc. I need all the help that I could get as I am in this huge trouble...

Thank you and best Regards..
 
Are you in the US now, or not? If not, come to the US ASAP and get admitted as a permanent resident before it is too late. Then find a lawyer. Then talk to the company about what next; if they want to send you back to India for a few months, you can consider doing that, but let them know you won't spend too much time in India because it will jeopardize your green card.

If they still threaten to attack your green card, have the lawyer send them a letter to shut them up. They can't get your green card revoked without going to court, and if taken to court, your lawyer will make the court force them to expose all the gory details of their immigration practices.
 
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New twist in the story… Now my employer is saying that they will apply to the INS for my extended stay out of US (in Indian office) apx upto 1+ years. According to them, this way my green card would remain valid. I am not sure if this is possible? if so, does anyone know any merits/ demerits?

Please suggest what to do.... Should I visit US anyway for a week or so, grab the GC, get my status adjusted and then go back to negotiate with my employer. Is there anything other than status change that I should do in my US visit. Anyone Please advise…


Thanks to all for the replies and I would really appreciate your further help.

Thank you & Best Regards...
 
I guess it must be reentry permit. Reentry permit has to be filed on the US soil, most lilkly by beneficiary. I don't think they can do it.
 
They are fooling you, hoping you'll believe and then your green card will become invalid due to you not entering the US soon enough. Your employer has shown that they cannot be trusted. Enter the US soon or your green card is at risk. After you have the card in your hand (or at least an I-551 passport stamp) and are on US soil, you can apply for a reentry permit before going back to India.
 
I suggest you move back to the US and find a new employer. Your current one is just jerking your chain and has amply demonstrated they cannot be trusted.
 
Get on the first flight back to the USA and colllect your green card, if your employer fires you for it, then you are better off without them. The GC is now yours not your employers, go collect it.
I know they can cause problems etc, but keep all documented evidence regarding this, and please, collect the green card for yourself and your family, you probably waited a long time for it like most of us, do not lose it because a company is trying to jerk you around.
 
Keeping your advice in mind, I have got my GC card and its with me now :)

I have just noticed that there is a LUD on my I140 approval. Its been 3 months since my I140 is approved and apx 20 days that my I485 is approved. Is this something to worry about that my I140 LUD is updated without any change of status inside there...

Please advise, is this normal OR an indication of something happening on my back?

Thanks so much for your help and support...
 
Should not be anything to worry about, did the status change on the I-140? if not then it is most likely system cleaning, they are Ludding everything i have all my 11 cases from back in 2000 and they are getting LUD's at least once a month on one of them whether they have any significance or not.

You have the GC now so what to do is get back to the USA and get the travel permit to allow you to stay outside of the US for up to 2 years. Remember this is yours not your employers hence have your own lawyer and everything someone working for you completely when getting the document. But please come back to the USA and get stamped as a PR and get that document.
 
koolibra said:
Keeping your advice in mind, I have got my GC card and its with me now :)

I have just noticed that there is a LUD on my I140 approval. Its been 3 months since my I140 is approved and apx 20 days that my I485 is approved. Is this something to worry about that my I140 LUD is updated without any change of status inside there...

Please advise, is this normal OR an indication of something happening on my back?

Thanks so much for your help and support...
Click to expand...

smart thing you did. Ahole employer I'll tell you that much.
 
koolibra said:
Keeping your advice in mind, I have got my GC card and its with me now :)
Click to expand...
Are you back in the US, or did somebody check your mail and send it to you in India? If you're outside, don't wait too long, because if you wait too long your GC will be in jeopardy.
 
As per everyone's advice, I visited US for a short trip and got my green card :). Now I am back in India...

I was given entry based upon my H1B visa and I was given I94. I showed the IO the 485 Approval notice. Although they acknowledged that I am a perm res however still gave me entry on H1b as I didnt have GC. On my way back I returned I94 to Airline.

One Question - There was no stamping done on my passport which would show that I am Perm Res. I checked with the lawyer, he told me that passport stamping is needed if someone doesn't have GC however their I485 is approved. Since in my case, I have the GC, so I don't need the stamping. Please let me know if I missed something in my visit?
 
You don't need the I-551 stamp (which is a temporary equivalent of a GC) if you have the GC itself, but it would have been better if you had the arrival stamp showing admission as a permanent resident.

Anyway, now that you have the GC you should still try to return within 6 months unless you have a reentry permit (which must be applied for while within the US). And be aware that multiple trips of almost 6 months each with short stays in the US in between may be viewed as one big long trip, so don't count on getting away with coming back to the US every 5.5 months and staying for just one or two weeks.
 
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