Working in India while GC pending.....

N

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
 
1. Yes you can. Maintain AP continuously (watch out, the processing times are jumping from 60 days to 180 days). You can apply for EAD around 6 months from expiry and you can apply for AP as many times you want.

2. No
4. You need documentation that says you are required in US, your US pay contract. Without paystub it wont be possible to get H4.
5. Not a big risk.
 
Thanks Jaxen

Hi Jaxen

Thanks a ton for your reply...I need some more clarification if u can help..

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4. You need documentation that says you are required in US, your US pay contract. Without paystub it wont be possible to get H4
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The company will give whatver documentation required. but how do I handle my H4 stamping if i get married.....Is there a way out for that 2....Since I would be an Indian employee I would have indian pay stubs.. Cant i tell the consulate that I am here for a 6 mths project (the company letter will state that).... Also since beginning of the year my company has not been paying my full salary. They are paying me less 20% of what they promised on my H1...But they are maintaing the min LCA salary for GC.. Will this be a probelm for me when i get my H1 extension stamped in India or for that matter H4...

If I cannot get H4 for my spouse then the whole idea of going to india does not work out for me. I also want to let u know that I have an H1 extension which came early this year after my entering the country on AP.. I have heard that even if u do enter the US with AP u can maintain H1 status if u work for the same employer... Can I then transfer my H1 to this new company and avoid going to India immidiately with my co. I hope my H1 transfer will not create a problem for my Gc or when i go to india...

PLS ADVISE JAXEN...IM REALLY CONFUSED..AND NEED YOUR HELP.....:(

Thanks a TON !!! :)
 
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.
_ I don’t know how reliable your employer is
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.
--- Join new Employer with EAD and later file NEW H1, go out get H1 Visa and enter on H1 status, your spouse will get H4 based on your H1 request your past employer not to revoke I-140, if your I-140 was approved and I-1485 is pending more than 180 days you can use AC21 read the recent BCIS MEMO
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:
---- If I am in your situation I will not leave US will try to get other job, many H1b holder were sent back to India with same kind of promise to continue GC but….
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..
--- You need US pay stubs? Ask your employer if he is ready to deposit your salary in your US bank account and generate pay stubs?
2. Does my company or myself has to inform INS about my moving to India for some time..
-- No
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..
--- you will have problems read the H4 issues Thread you will come to know that consulates are asking for truck load of documents particularly Chennai US consulate
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.
-- you can get NEW H1 by premium processing exit get H1 stamp and maintain H1 status, one is allowed to extend, file for H1 even after filing AOS read:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
 
4. You need documentation that says you are required in US, your US pay contract. Without pay stub it wont be possible to get H4
--- you need to be on H1 and get recent paystubs, they will ask lot of documents including your recent bank statements and recent pay stubs for US company H1 is issued to work in US not in India

The company will give whatver documentation required. but how do I handle my H4 stamping if i get married.....
-- be on H1B status
Is there a way out for that 2....Since I would be an Indian employee I would have indian pay stubs.. Cant i tell the consulate that I am here for a 6 mths project (the company letter will state that)....
-- Will they accept your argument or listen to you? You have to decide
Also since beginning of the year my company has not been paying my full salary. They are paying me less 20% of what they promised on my H1...But they are maintaing the min LCA salary for GC.
--- if they are paying according to LCA attached with H1 petition you are OK
. Will this be a probelm for me when i get my H1 extension stamped in India or for that matter H4...
-- If Salary paid according to LCA I don’t see problems
If I cannot get H4 for my spouse then the whole idea of going to india does not work out for me. I also want to let u know that I have an H1 extension which came early this year after my entering the country on AP.. I have heard that even if u do enter the US with AP u can maintain H1 status if u work for the same employer... Can I then transfer my H1 to this new company and avoid going to India immediately with my co. I hope my H1 transfer will not create a problem for my Gc or when i go to india...
Read below:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
and also read new BCIS MEMO for 180 days, take all your papers to a good lawyer and discuss your options
 
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