View Full Version : Going to India. GC process at risk??
09-28-2010, 05:16 PM
My GC is under process and I am using my EAD. Due to a family emergency, I may need to go to India for a longer period of time. Right now, I dont see any option but to resign from my current job and move to India. But I do not want to risk my GC process either.
What can I do in this situation? Please advise.
09-29-2010, 11:48 AM
If you indeed resign, there can be trouble..."luck factor" might pay a role.
But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.
Now, if your employer is a small place, then its all "it depends" thing...
Good luck...see to it that you don't extreme measures unless absolutely needed.
09-29-2010, 11:49 AM
Switch from Adjustment of Status (AOS) to Consular Processing. The caveat is you lose your EAD and will have to wait for your PD to be current before you can work in the US again. Unless you get a new H1 and want to start over!
09-29-2010, 02:37 PM
@zamoo: due to the family emergency, i have already used my FMLA for the current year. thats the reason, i dont see any option. But u are right in suggesting that i should not take any drastic measures. i am still in the process of iscussing my options with my hr dept.
@rams75: I have also considered the counsular processing option. But in case they ask for a employers letter, i will not be able to provide.
Thanks for ur time and advice.
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