Continue my pending GC while working in India for same employer

[aroramanish]

Dear All:

AOS was filed in 2007. Priority date of 2003 under EB-3. Company offered a permanent position in India retaining existing job title and job responsibilities what was filed in the pending GC application. AP valid till Nov 2009 and EAD till Nov 2010. H1-B was extended last year till Nov 2009. Recently entered back to US using AP.

Can USCIS legally continue my GC while working in India for same employer? How does the move affect my GC application? Please advise.

Thanks for all the help.

[GCNirvana007]

If the US company continues the process, dont see any challenges. Your stay in India could be for even vacation for that matter.

Experts, feel free to correct me.

[vin13]

Questions you need to answer to make sure your Green Card application is not under any jeopardy.


1) The permanent job offer is in India. Is there a permanent job offer in US from the employer?

2) Are you getting payed in US dollars. Basically is the payroll being generated in US or are you being compensated from the Indian operations. Pay from US may sound convincing that there is a permanent job offer in US for you.

It may be more convincing if you are able to make it look like a short assignment to work from India rather than permanently working from India.

You may get lucky if there is no RFE and employer does not notify anything to USCIS. But it is a risk.


You need to consult a lawyer. You may get several responeses here. but it will all be an individual opinion.

[aroramanish]

Thanks for the replies. Operations are moving to India so job will be no longer open in US and salary would be from India. I'm getting touch with the lawyer however wanted to understand if it's legal from USCIS point of view.

Thanks again.

[vin13]

Technically, if you take the job in India and not have any job offer then there is no basis for US Green Card application.

You are asking a question whether it is legal from USCIS point of view. I do not understand your question.

Are you asking is it legal to not inform USCIS that you do not have a job in US and hoping for getting the GC if there is no RFE? Well, this is left for individual interpretation.

AOS is also technically for someone who is already in US.

As said earlier, talk to a good lawyer on options.

[eb3retro]

Thanks for the replies. Operations are moving to India so job will be no longer open in US and salary would be from India. I'm getting touch with the lawyer however wanted to understand if it's legal from USCIS point of view.

Thanks again.

now that u got ur answers, update ur profile.