URGENT !!!............ NEEd Advice on GC processsing.........

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Nice_guy73

Registered Users (C)
Hi Guys

I need your help as I have an urgent situation here. Here is my case:

Have been working with an Indian co since past 5 yrs. Worked in India and then moved to US. My 485 was filed in Dec 01 and have an EAD and AP. Since there is no project...my company is asking me to leave (lay off) or join their Indian operations for 6-7 mths. They are promising that Gc would continue in both the cases. If I want I can easily join another co. on EAD but want to maintain my H1 status since I am single and want to bring my spouse later on H4. I am seriously thinking of moving to India for some time so that I can take a break from here....work there..and plan to marry by end of the year...then come next yr..with her... Now my queries are:

1. Can I work in India for next 6 mths when my GC is in final stages. Does it have any repurcussions since then I will be Indian eployee but with same company...I was told GC is for future employment..

2. Does my company or myself has to inform INS about my moving to India for some time..

3. My company will help me in whatever manner for GC processing so do I need something from them...

4. Lets say hypothetically if I get married in next 2-3 mths and I apply for my wifes H4 wont there be any problem since I will only have my Indian salary paystubs...How will get H4 for her..

5. What kind of chances am I taking here...I will not like to jeoparidise my GC but try to take one chance on my marriage otherwise it will be very diff to get spouse here once I am on EAD.

Friends and Gurus...pls help me in sharing your views about this issue. If someone has done this in the past i would appreciate your views too...

Thanks for the help !!!

Nice_guy03

RD: Dec 31,03
WAC:02-077
 
Originally posted by Nice_guy73
Hi Guys

1. Can I work in India for next 6 mths when my GC is in final stages. Does it have any repurcussions since then I will be Indian eployee but with same company...I was told GC is for future employment..



--> GC is for future employment, so technically u can do so. However, ur salary would not be the same as mentioned on LC, and depending on the IIO that reviews ur case, that may or may not be an issue, though with the way things are going on - i would think it would be... Besides, once u are out of US and loose ur H1, it would be harder to continue the process (for instance, AP renewal would require u to come to US for applying the same)



3. My company will help me in whatever manner for GC processing so do I need something from them...



If u move to India, ur company would have to convince INS that the move to India was temporary.

If u take up a new job here, ur company would have to NOT cancel ur 140 (by law, they are not required to) and also hand over the 140 approval notice and LC job description/title/code/salary so that u can use AC-21.



4. Lets say hypothetically if I get married in next 2-3 mths and I apply for my wifes H4 wont there be any problem since I will only have my Indian salary paystubs...How will get H4 for her..



U cannot get H4 for her as technically speaking ur H1 status expires the day u are not paid the salary mentioned in the filing. These days the consulates ask for weird documents (Pay Stubs, W2s, Company Filings, Project Details and Deliverables, Office pictures) before even issuing H4 - so be careful in what you do.




5. What kind of chances am I taking here...I will not like to jeoparidise my GC but try to take one chance on my marriage otherwise it will be very diff to get spouse here once I am on EAD.



It is definitely risky to go the India route..

U mentioned "easily" joining another company of EAD - I am assuming u asked them about the option of an H1 transfer and they refused? That would be the best option.. If not H1, if u already have a client lined up for work in EAD, u can talk with some companies like H1bjobs.com which can process ur H1 and let u work at the client u found for a 10% cut. That way, u can continue working on H1 and get H4 for ur wife, without hampering ur GC.

goodluck!

-ab
Click to expand...
 
Hi Ab

tahnks for your reply...need a little more clarification:

--> GC is for future employment, so technically u can do so. However, ur salary would not be the same as mentioned on LC, and depending on the IIO that reviews ur case, that may or may not be an issue, though with the way things are going on - i would think it would be... Besides, once u are out of US and loose ur H1, it would be harder to continue the process (for instance, AP renewal would require u to come to US for applying the same)
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You said that my H1 will be out of status the moment I work in India..but I am working for the same employer in india for some time so howcome I go out of status...I will be going with my 2nd AP...


3. My company will help me in whatever manner for GC processing so do I need something from them...

--------------------------------------------------------------------------------
If u move to India, ur company would have to convince INS that the move to India was temporary.
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How does the company convice the INS...? Any ideas on this...


If u take up a new job here, ur company would have to NOT cancel ur 140 (by law, they are not required to) and also hand over the 140 approval notice and LC job description/title/code/salary so that u can use AC-21.



4. Lets say hypothetically if I get married in next 2-3 mths and I apply for my wifes H4 wont there be any problem since I will only have my Indian salary paystubs...How will get H4 for her..
----------------------------------------------------------------------------------
U cannot get H4 for her as technically speaking ur H1 status expires the day u are not paid the salary mentioned in the filing. These days the consulates ask for weird documents (Pay Stubs, W2s, Company Filings, Project Details and Deliverables, Office pictures) before even issuing H4 - so be careful in what you do.
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For H4 I hope I can show my indian pay stubs of the same employer...since I will be working at their indian office. I will have to go to delhi consulate for H4 filing..


5. What kind of chances am I taking here...I will not like to jeoparidise my GC but try to take one chance on my marriage otherwise it will be very diff to get spouse here once I am on EAD.


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It is definitely risky to go the India route..

U mentioned "easily" joining another company of EAD - I am assuming u asked them about the option of an H1 transfer and they refused? That would be the best option.. If not H1, if u already have a client lined up for work in EAD, u can talk with some companies like H1bjobs.com which can process ur H1 and let u work at the client u found for a 10% cut. That way, u can continue working on H1 and get H4 for ur wife, without hampering ur GC.
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Yes, you are right....i can easily join on EAD but I also have an H1 extension in hand. Actually in my case my previous H1 expired when I was in delhi last year...My company was suppose to send my papers to delhi when i was there but i kept waiting there...after waiting for 4 mths i had to finally come on AP in Jan 03... Within 3 weeks on my landing i recd an H1 extension in the mail with I-94... Now I dont know if i can use it or not. The new company is willing to transfer my H1 to their... Can I still transfer my H1 after enetring on AP...though I worked with same employer....

Thanks for your help

goodluck!

-ab
 
Re: Re: URGENT !!!............ NEEd Advice on GC processsing.........

--> GC is for future employment, so technically u can do so. However, ur salary would not be the same as mentioned on LC,

BCIS will not insist that the employee be payed the the salary
mentioned in LC when he/she is outside US. BCIS has no jurisdiction outside US.


--> If u move to India, ur company would have to convince INS that the move to India was temporary.

As long as he is with same company in India and the 'future job' still exsist in US, there won;t be any problems

-->U cannot get H4 for her as technically speaking ur H1 status expires the day u are not paid the salary mentioned in the filing.

This is load of horse cr@p. He out-of-status only if he is not paid while he is *in US*.


5. What kind of chances am I taking here...I will not like to jeoparidise my GC but try to take one chance on my marriage otherwise it will be very diff to get spouse here once I am on EAD.

The only risk you are facing is that you should have a valid H1/Parole to re-enter US to complete your AOS.
 
Well, I am sure armie has reasons to be sure about his/her opinions.

However, just beware of the following:

1. H4: Consulates are asking for all kinds of docs before issuing H4 these days. The docs include W2s, most recent paystubs (USA salary - they wont give ur wife H4 if u had Indian Salary stubs), and even pictures of the office. They also look at H1 holder's last entry/exit date to US to ensure that they are still working in the country. Check out: http://www.immigrationportal.com/showthread.php?s=&threadid=91082. H4 is for the spouse's of people working in USA, if you are not working in USA, ur wife would not get H4

2. GC RFEs: In the final stage of GC, u may (90% chance) get RFE to prove that u have been in status all the time and also to prove that, if ur GC is based on current job (and not future), u are getting paid about the same salary as mentioned in LC. U would need to have been in USA and doing the same/similar job.

This may be "horse cr@p" to some but if I were u, I would not play with my GC and/or marriage. Talk to a competent lawyer and figure out how to use ur H1 transfer and take up the new job in USA.

If nothing else, u can join on EAD, and then immediately file for a brand new H1 through premium processing and shift to it once it arrives (15 days). And then, when u get married, ur wifey can get H4 as u would have the necessary docs. 1500 bucks for it can save ur future...

IMHO, don't play with your future - out of sight, out of mind - once u leave the country, it would be very difficult to continue ur GC process..

just my 2 cents. goodluck!

-ab
 
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Hi Atlantabhopali

Hi AB,

Thanks for your earlier response....i guess u are right about the india transfer issue....i am taking a risk here...i have looked at the 2nd option of going for Leave of absence (LOA)on medical reasons..my employer is giving me LOA for 1 month..after 1 month I need to email them that my immidiate family member is very sick and i need to extend the leave and they will then extend it for 3-4 mths. I think i can go upto a max of 6 mths on LOA... Dont u think this is a better option which is less risky than getting transfered....If there is an RFE during my stay in India my employer will give a EVL and for paystubs mention that I am on LOA..

As far as the H4 is concerned in india....I can always give the consulate my last mth pay stub (Aug) and get a letter from my employer about my LOA for remaining mths...do u think it would work....

Pls advise ......

Thanks

Nice_guy
 
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