URGENT!!HELP on going back to India for 4months and 485

A

ashudg

Registered Users (C)
Guys,

My company wants me to go back to India on an outsourcing project for 4 months. They are going to take me off the payroll here for that period and make me an employee of their Indian subsidiary and pay me in rupees.
My biggest concern is not having pay stubs for that long. I know upto 2 months should be fine but 4 months is kinda too long. But if I don't go I'll probably loose my job.
My I-140 has been approved in dec-03 and both I-140 & I485 were filed in sep-03. I have Adv Parole with me, just in case.
What should I do???
I NEED ADVICE FAST !!!!! THANKS.
 
When will you go to India? 4 months?? It sounds risky because what if you get RFE while you are in India or what if you get FP or what if you get interview? Do you have any friend who will take care of your mail (any notice from BCIS) and will notify you to come to usa immediately?

Another option: Before your 485 is approved, you can find another job (use AC21 if your 485 is pending for more than 180 days-- use your EAD or you can file a transfer H1 with your new company). Don't tell your current company. Start looking for a job.
 
USGC485 said:
When will you go to India? 4 months?? It sounds risky because what if you get RFE while you are in India or what if you get FP or what if you get interview? Do you have any friend who will take care of your mail (any notice from BCIS) and will notify you to come to usa immediately?

Another option: Before your 485 is approved, you can find another job (use AC21 if your 485 is pending for more than 180 days-- use your EAD or you can file a transfer H1 with your new company). Don't tell your current company. Start looking for a job.
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I'm supposed to go next week. I have few friends who could look after my mail plus my lawyer says he would notify me if i'm called for Fingerprinting. I could come for few days for fingerprinting and go back. or I could postpone it.
My real concern is what is the longest time I could stay in India without a paystub??
 
TheRealCanadian said:
As long as you want. USCIS only cares about you getting paid in the US.
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Please explain in detail.
I know green card is for the future employment. What does curent paystubs have to do with it??
 
paystubs are only needed to show proof of legal status or ability to pay.

since u r not in the ctry the first does not arise and the second hurdle u have almost crossed with I-140 approval.

people tend to forget that H1 is a staus valid only when u r in USA not when abroad. so no extension no maintainance of status then.
 
ashudg said:
Guys,

My company wants me to go back to India on an outsourcing project for 4 months. They are going to take me off the payroll here for that period and make me an employee of their Indian subsidiary and pay me in rupees.
My biggest concern is not having pay stubs for that long. I know upto 2 months should be fine but 4 months is kinda too long. But if I don't go I'll probably loose my job.
My I-140 has been approved in dec-03 and both I-140 & I485 were filed in sep-03. I have Adv Parole with me, just in case.
What should I do???
I NEED ADVICE FAST !!!!! THANKS.
Click to expand...

GC is for future employment. So it's OK to go abroad for same job or new job, as long as the job position in USA (the position on which your LC and I-140 based on) is still open/valid and your US employer agrees that after GC approval you will be allowed to join the same position in USA (basically you will be entered into the US payroll). That's the simple way to describe the situation.

However, if USCIS adjucator gets suspicious about the position in USA (for exmaple, they get hints that the job position in US does not exist anymore and that's the very reason your employer is trying to outsource all the jobs + you too, physically), that can create lots of trouble and possibly I-485 denial too. Basically if they get suspicious, burden on you and your employer to prove that the US position does exist and available for you. In that case, you need a good attorney to deal with the situation.

Secondly, when you go abroad for job, you need to have AP and come back USA before that AP expires. If you have valid H1 stamp, you can use it only if you entering USA to join US company again (not for vacation or business trip). It's safer to use AP in this kind of situation.
 
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