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  #1 (permalink)  
Old 08-09-2009, 01:11 PM
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Default Can I accept work outside USA?

I have valid EAD and AP. My H1-B was allowed to expire by my former employer, since they did not want to incur money on renewal. My last working day was 15th July 2009, with a big 4 consulting firm. Due to personal reasons, I am on a visit to India since 1st of Aug 2009. I have been offered a job in India, with an assignment in Bermuda. Bermuda will be issuing a work permit for me, with Indian company name affixed on it. Is it advisable to accept the job offer in India along with work permit in Bermuda? I am planning to return to USA in Feb 2010 permanently, while I will be traveling in between.

Advance Thanks for advice.
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  #2 (permalink)  
Old 08-10-2009, 07:48 PM
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Assuming you are legally authorized to work wherever you plan on working (India, Bermuda, US) you can be outside the US while the permanent residence (PR) is processing. You need to intend to return to the US, to the position offered, once PR is approved. You might be asked by CIS to provide a letter confirming your continued US job offer before they approve the PR. You will need to be able to provide this.
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  #3 (permalink)  
Old 08-14-2009, 09:07 AM
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Respected Attorney,

Thank you for your kind reply.

Warm regards,
Sri Krishna
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  #4 (permalink)  
Old 08-16-2009, 12:21 PM
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Default

Your AOS case has to be converted to CP by filing I824 by the attorney on file. You cannot just leave the country and let your AP expire. If you have a valid AP and your offer for permanent job remains, you can still do it provided the RFEs if any, finger prints etc are taken care of.
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  #5 (permalink)  
Old 08-16-2009, 02:36 PM
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Default

Thank you, txh1b, for pointing out. I am planning to be in USA once in 6 months and spend few days to few weeks and then travel to some other country for job. During those one of the stays (which would be close to my AP expiry), I would renew my AP and travel again. Do you think that would work?
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  #6 (permalink)  
Old 08-17-2009, 11:37 AM
US Immigration Attorney
Law Office of Elaine Martin
6333 E. Mockingbird Ln Ste 147-910
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Quote:
Originally Posted by gcwait2007 View Post
During those one of the stays (which would be close to my AP expiry), I would renew my AP and travel again. Do you think that would work?
Probably not. You cannot return on an AP unless you had the same AP when leaving the US. In other words, you can't return to the US using an AP that someone sent to you overseas, you need to have had that AP before you left the US.
__________________
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Law Office of Elaine Martin
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Toll-free phone: 1-866-318-8813
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www.martinvisalaw.blogspot.com
Dedicated exclusively to immigration law since 1997

This message does not create an attorney-client relationship if we have not both signed an engagement letter. This message discusses general legal questions and other matters. It should not be used or relied on by anyone as legal advice.
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  #7 (permalink)  
Old 08-17-2009, 12:56 PM
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Default

As already pointed out by the attorney, the AP has to be approved before you leave the country for you to be able to use that and retain your parolee status without risking abandoning your AOS.

It gets complicated with the set-up you are trying to have as AP could take 2-3 months for approval once it is applied for. Discuss the specifics with your immigration lawyer as you would be walking on thin ice with this kind of arrangement.
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