Post GC employment and travel [Archive]

jackbrown_890

08-21-2012, 12:47 PM

I've question about GC and un-employment.

CAn one remain unemployed after GC and are there guidelines @time ?
CAn one travel outside US and come back to US on GC and no job in hand ?

Thanks

In my understanding, there are no guidelines.
But i think someone can loose a job when s/he has pending AOS. i have read articles on even eligibility of Unemployment benefits. the only problem i see is what if one receives a RFE on employment verification and asked to prove continuing employment when your application is being processed and s/he is still unemployed.
I think if one finds another job before that and files AC21, it should not be a problem.
let s see what others say..

jackbrown_890

08-21-2012, 12:55 PM

I've question about GC and un-employment.

CAn one remain unemployed after GC and are there guidelines @time ?
CAn one travel outside US and come back to US on GC and no job in hand ?

Thanks

forgot to answer your 2nd question..
i don't think it is requirement to have a job in hand to travel in and out of country if you have AP... one should definitely use AP to travel abroad and come back.
I am not sure if an officer can ask you a question on your employment if you are using AP... i have not traveled on AP,
DO NOT USE H1b if one is unemployed, his/her h1 is not valid..

Eb2_Dec07

08-21-2012, 01:06 PM

Q1) Yes one can remain unemployed after getting GC approved. But bear in mind if you are claiming unemployment after GC and you are to sponsor family or parents for GC after getting citizenship, there might be some scrutiny on sponsorship.

Q2) Yes after approved GC , one should be able to travel outside and come back with out a job. Once you are a Permanent resident there are no restrictions whatsoever. However , bear in mind ,in the recent years US policy toward people that live outside for longer periods of time on GC and coming in to USA for short sprints has been in question. But once you take citizenship , no restrictions in USA for travels.

I've question about GC and un-employment.

CAn one remain unemployed after GC and are there guidelines @time ?
CAn one travel outside US and come back to US on GC and no job in hand ?

Thanks

codesmith

08-21-2012, 01:29 PM

Thanks Eb2_ and JackBrown for your response.
As far as travelling on GC and staying out of US, what's the acceptable window ?
I've read that if you stay for too long time let's say 4 months officer at port of entry may ask you for justification ..
is there any specific time period ?

qesehmk

08-21-2012, 02:18 PM

Others have already responded but I will add my 2 cents anyway ..

Post GC there is no explicit work requirement whatsoever - especially when you were already working in US. If you received your GC through CP, probably there will be some expectation.

Travel anytime is allowed as long as maintain US as your permanent residence (i.e. 180 days or more in a year you are in US). Also if you are unemployed you can collect unemployment checks on GC. On a side note - You can also vote for local councils.

I've question about GC and un-employment.

CAn one remain unemployed after GC and are there guidelines @time ?
CAn one travel outside US and come back to US on GC and no job in hand ?

Thanks

SeekingGC2013

09-19-2013, 10:25 AM

Hey All Gurus

Not sure if this question is in the appropriate section.

After getting green card - is there a minimum time that employee needs to work with sponsored employer? Received EAD in Mar 2012 - have been working with Employer on EAD since March 2013. Its been over 6 mons, received green card this week. Can i work for any employer right away? please advice.

thanks as always

infoseek

09-19-2013, 10:54 AM

Hi, Congratulations on your GC. From general standpoint yes. You are free to change your jobs as you like once you have your GC. However some employers have you sign a document/contract when they start your GC processing (mine did and had a clause that says I will stay atleast two years after receiving the greencard). Is it legally binding ... theoritically yes (especially if it's a big company). However it's rarely enforcable. You can state a number reasons for wanting to leave your current position and leave without any issues. I have seen many of my senior colleagues leave after GC though they have signed similar contract. Good Luck.

Hey All Gurus

Not sure if this question is in the appropriate section.

After getting green card - is there a minimum time that employee needs to work with sponsored employer? Received EAD in Mar 2012 - have been working with Employer on EAD since March 2013. Its been over 6 mons, received green card this week. Can i work for any employer right away? please advice.

thanks as always

SeekingGC2013

09-19-2013, 11:16 AM

Thanks for the reply

I dont have any such binding contract - however im not sure if i can move to another employer right away after getting GC. is that possible?
do i need 6 paystubs just to be safe for citizenship?

Hi, Congratulations on your GC. From general standpoint yes. You are free to change your jobs as you like once you have your GC. However some employers have you sign a document/contract when they start your GC processing (mine did and had a clause that says I will stay atleast two years after receiving the greencard). Is it legally binding ... theoritically yes (especially if it's a big company). However it's rarely enforcable. You can state a number reasons for wanting to leave your current position and leave without any issues. I have seen many of my senior colleagues leave after GC though they have signed similar contract. Good Luck.

Pedro Gonzales

09-19-2013, 12:23 PM

Check this thread out. http://www.qesehmk.org/forums/showthread.php/661-Post-Green-Card-Approval

I've merged this thread to another that touched on the same subject.

indiani

09-19-2013, 08:17 PM

I dont have any such binding contract - however im not sure if i can move to another employer right away after getting GC. is that possible?

it is possible, however even though the risk of GC audit is negligible or if you apply for citizenship at 5 years, and if at all they ask about reason of leaving right away ( again chances are very low) you should be able to explain that you have to leave for particular reason event though when you applied you had intention to work indefinitely

do i need 6 paystubs just to be safe for citizenship?

no

Calgal

09-19-2013, 09:36 PM

Q, experts,

I've been a silent observer of this forum for a while, and I'd like to thank you for your analyses, and for the incredible community and support I've seen in here.

I have a question, and would be very grateful for your insight. I finally received my green card at the start of August 2013. I've worked in circuit design with the same employer for over 8 years, and I'd like to start my own business (restaurant) soon. Will a career change like this raise red flags during my citizenship interview if I transition full-time to restaurant management a year after receiving my green card (i.e., in August 2014)? My work environment recently got extremely toxic due to a change in upper management, and I have no desire to stay beyond a year after getting my green card.

I've seen all kinds of responses as to the impact of such a career change (from Ron Gotcher's this-is-absolutely-not-OK to Khanna's you-shouldn't-have-a-problem) online, and would love to hear your thoughts.

qesehmk

09-20-2013, 10:42 AM

calgal - if anything starting a business should be and would be seen extremely favorably. So quit when you want to. Don't even wait one year.

However strictly from risk and financial and personal involvement perspective - restaurant is probably one of the worst businesses you can enter into. So I hope you know what you are doing.

p.s. - I had read a story about somebody just like you in newspaper about a few months back. Good luck whether you are the same person or not.

pps - On another note - when I quit my last job, I was conflicted whether I should continue and collect salary until they fire me and then also collect severance or simply quit. I don't have any strong moral inclinations one way or other because the employers generally are quite immoral too and they always screw your bonus up besides paying you 100% less than equivalent roles. So no point in showing ethics from your side. However I quit simply because I knew I couldn't have focused on my personal ventures if I were drawing salary somewhere else. All the best to you in whatever you choose do.

Q, experts,

I've been a silent observer of this forum for a while, and I'd like to thank you for your analyses, and for the incredible community and support I've seen in here.

I have a question, and would be very grateful for your insight. I finally received my green card at the start of August 2013. I've worked in circuit design with the same employer for over 8 years, and I'd like to start my own business (restaurant) soon. Will a career change like this raise red flags during my citizenship interview if I transition full-time to restaurant management a year after receiving my green card (i.e., in August 2014)? My work environment recently got extremely toxic due to a change in upper management, and I have no desire to stay beyond a year after getting my green card.

I've seen all kinds of responses as to the impact of such a career change (from Ron Gotcher's this-is-absolutely-not-OK to Khanna's you-shouldn't-have-a-problem) online, and would love to hear your thoughts.

Calgal

09-20-2013, 11:03 AM

Thanks Q! You've taken a giant load off my mind :) I thought that we are bound to our industry for at least 3-5 years post-GC approval; I'm very glad to know that this is not the case.

I actually plan to sell at farmers' markets, and use that as a stepping stone to sell at Whole Foods and other health-food stores. I used starting a restaurant as an example. Thank you for the guidance about when to quit - I was going to wait till my business was consistently profitable for 3 months and then leave. It's going to be quite a bit of work and I can't imagine being successful in my own venture while working long hours in a toxic environment. Part of me wanted to wait till they fired me, but they're a large company and it's very hard to get fired there.

Do you have any advice on health insurance plans that are good for self-employed people?

Thank you for the well wishes and advice! This is such a wonderful forum, and I'm glad to be a part of it.

calgal - if anything starting a business should be and would be seen extremely favorably. So quit when you want to. Don't even wait one year.

However strictly from risk and financial and personal involvement perspective - restaurant is probably one of the worst businesses you can enter into. So I hope you know what you are doing.

p.s. - I had read a story about somebody just like you in newspaper about a few months back. Good luck whether you are the same person or not.

pps - On another note - when I quit my last job, I was conflicted whether I should continue and collect salary until they fire me and then also collect severance or simply quit. I don't have any strong moral inclinations one way or other because the employers generally are quite immoral too and they always screw your bonus up besides paying you 100% less than equivalent roles. So no point in showing ethics from your side. However I quit simply because I knew I couldn't have focused on my personal ventures if I were drawing salary somewhere else. All the best to you in whatever you choose do.

druvraj

09-20-2013, 11:04 AM

calgal - if anything starting a business should be and would be seen extremely favorably. So quit when you want to. Don't even wait one year.

However strictly from risk and financial and personal involvement perspective - restaurant is probably one of the worst businesses you can enter into. So I hope you know what you are doing.

p.s. - I had read a story about somebody just like you in newspaper about a few months back. Good luck whether you are the same person or not.

pps - On another note - when I quit my last job, I was conflicted whether I should continue and collect salary until they fire me and then also collect severance or simply quit. I don't have any strong moral inclinations one way or other because the employers generally are quite immoral too and they always screw your bonus up besides paying you 100% less than equivalent roles. So no point in showing ethics from your side. However I quit simply because I knew I couldn't have focused on my personal ventures if I were drawing salary somewhere else. All the best to you in whatever you choose do.

I did speak with my immigration attorney and he told me that if audit did happen then having 6 months of employment with ur sponsoring employer raises no questions. That said if you have a valid reason to leave then it can be fine too. But as I am concerned I have started documenting all this now so that I do not forget the current conditions. 5 yrs from now I will not remember anything.

Calgal

09-20-2013, 11:17 AM

qesehmk

09-20-2013, 11:30 AM

Calgal you are welcome. I bought GoldenRule based on advice of two of my entrepreneur friends. So far so good. But with Obamacare - you are going to have many more options.

p.s. - I already received a letter from GoldenRule indicating they might reduce the rates.

Do you have any advice on health insurance plans that are good for self-employed people?

Calgal

09-20-2013, 12:12 PM

indiani

09-20-2013, 12:44 PM

I did speak with my immigration attorney and he told me that if audit did happen then having 6 months of employment with ur sponsoring employer raises no questions. That said if you have a valid reason to leave then it can be fine too. But as I am concerned I have started documenting all this now so that I do not forget the current conditions. 5 yrs from now I will not remember anything.

6 months is approx. time but the chances of revocation will become smaller the longer we stay. I think beyond 60 days (my personal opinion) is good enough and also I don't know a single case of audit and revocation ever.
The only case where there is CP and the person did not ever work with sponsoring employer is when the problem came

qesehmk

09-20-2013, 12:56 PM

dru - mine is just an opinion and so is the attorney's. However attorney's opinion generally should qualify more than ours!! So take mine for what it is worth.

I think that "not guilty until proven otherwise" applies here too. So one can quit his/her current job on day 1 AFTER receiving GC. But for USCIS to prove that there is fraud here, they must prove that the applicant intended to do that prior to GC approval. That is a very tall order.

Secondly the applicant can easily sight AC21 and the judge will most likely throw away the USCIS reversal. Because the judge will say if the applicant could change jobs prior to approval then why not AFTER approval? Again ... this too is my "opinion". So take it only you find it worthwhile.

I did speak with my immigration attorney and he told me that if audit did happen then having 6 months of employment with ur sponsoring employer raises no questions. That said if you have a valid reason to leave then it can be fine too. But as I am concerned I have started documenting all this now so that I do not forget the current conditions. 5 yrs from now I will not remember anything.

indiani

09-20-2013, 09:29 PM

I might "get laid off" or "fired" in coming weeks, either way I have intent of staying and employer will have no job. think about it.

druvraj

09-23-2013, 08:50 AM

I might "get laid off" or "fired" in coming weeks, either way I have intent of staying and employer will have no job. think about it.

Indiani,

I asked my attorney that look if the employer goes under or does not want to fire you but because of situations during late 2008 (financial crisis) what happens. His answers was in the intent. Asked me to document, keep the related docs and forget. This 6 months rule is for safe net if anyone wants it.

indiani

09-23-2013, 11:02 AM

Indiani,

I asked my attorney that look if the employer goes under or does not want to fire you but because of situations during late 2008 (financial crisis) what happens. His answers was in the intent. Asked me to document, keep the related docs and forget. This 6 months rule is for safe net if anyone wants it.

my message is exactly the same however there is no 6 month safe period. how is 5 months not safer than 6 months? The point which Rajiv khanna made was good, longer the easier to show intent to stay. But lets say you never give a letter of resignation then does it matter whether its 1 week or 1 month post-GC. The answer is NO.
If you give resignation letter within days then think about a good reason ( higher pay and "job sucks" are not good reasons to leave)

TeddyKoochu

09-23-2013, 02:18 PM

my message is exactly the same however there is no 6 month safe period. how is 5 months not safer than 6 months? The point which Rajiv khanna made was good, longer the easier to show intent to stay. But lets say you never give a letter of resignation then does it matter whether its 1 week or 1 month post-GC. The answer is NO.
If you give resignation letter within days then think about a good reason ( higher pay and "job sucks" are not good reasons to leave)

Guys the logic forthe 6 month axiom that lawyers say is that if you can change employers after 6 months of 485 filing you are absolutely safe with changing employers post GC thanks to the AC21 law.

Changing jobs immediately after GC or not joining sponsoring employer maybe something that can cause red flags. What we can do however is make the employer file a revised I9 after GC this officially records that you are working with the GC employer.

Higher salary is one part of material change in circumstances that can be easily proven I think this is where I would differ. Longer duration definitely helps, what also helps if the next job commands higher salary or is at a senior designation than the previous one. Most people would normally stay in a similar field or even if they are starting something of their own fulltime it would likely be in a similar field. Unfortunatley its hard to prove the work environment part its definitely a factor for many.

The only individual who could potentially ask for revocation of greencaed is the sposoring employer if they are ok its all well only other agency would be USCIS but that would be in case of fraud or some kind of investigation on the sponsoring employer, even in such cases approved cases are typically considered as grand fathered.

Personally I changed jobs after 7 months of GC once I received all reimbursements from my sponsoring employer for 485 filing, salary was significantly higher and work environment at my sponsoring employer's client was so bad that probably anything would have been better. My sponsoring employer was ok at the time of leaving and in fact said thank you and we are still on good terms.

indiani

09-23-2013, 07:29 PM

Guys the logic forthe 6 month axiom that lawyers say is that if you can change employers after 6 months of 485 filing you are absolutely safe with changing employers post GC thanks to the AC21 law.

Changing jobs immediately after GC or not joining sponsoring employer maybe something that can cause red flags. What we can do however is make the employer file a revised I9 after GC this officially records that you are working with the GC employer.

Higher salary is one part of material change in circumstances that can be easily proven I think this is where I would differ. Longer duration definitely helps, what also helps if the next job commands higher salary or is at a senior designation than the previous one. Most people would normally stay in a similar field or even if they are starting something of their own fulltime it would likely be in a similar field. Unfortunatley its hard to prove the work environment part its definitely a factor for many.

The only individual who could potentially ask for revocation of greencaed is the sposoring employer if they are ok its all well only other agency would be USCIS but that would be in case of fraud or some kind of investigation on the sponsoring employer, even in such cases approved cases are typically considered as grand fathered.

Personally I changed jobs after 7 months of GC once I received all reimbursements from my sponsoring employer for 485 filing, salary was significantly higher and work environment at my sponsoring employer's client was so bad that probably anything would have been better. My sponsoring employer was ok at the time of leaving and in fact said thank you and we are still on good terms.

Teddy while I agree that moving to a senior position with higher pay might be a good reason but if someone leaves sponsoring employer within days for a "higher salary" job which is almost the same in case of audit that might not be the best defense ( however in the setting of AC21, if someone already worked for employer 180 days post 485 filing it will be extremely difficult to revoke ).

The only agency that ever can revoke is USCIS. employer or any one else can only "report" ( but not revoke) if there is "fraud" involved and employers wont usually risk as it could bite them also as employees can come up with reasons against employers for not staying.

I don't think "grand-fathering" is before 5 years , only after 5 years USCIS cannot revoke, they can only deport if there is a deportable offense.

The only area I never understood properly is I-9. what if we never update the I-9? many people I know have never updated and I am not aware of any negative consequences to employees as long as we are authorized to work.( I think in case of ICE audits, only if they find people who not authorized to work, then they might fine/ prosecute employer). But I understand the essence of updating when the visa status is changed/ extended.

TeddyKoochu

09-24-2013, 09:37 AM

Teddy while I agree that moving to a senior position with higher pay might be a good reason but if someone leaves sponsoring employer within days for a "higher salary" job which is almost the same in case of audit that might not be the best defense ( however in the setting of AC21, if someone already worked for employer 180 days post 485 filing it will be extremely difficult to revoke ).

The only agency that ever can revoke is USCIS. employer or any one else can only "report" ( but not revoke) if there is "fraud" involved and employers wont usually risk as it could bite them also as employees can come up with reasons against employers for not staying.

I don't think "grand-fathering" is before 5 years , only after 5 years USCIS cannot revoke, they can only deport if there is a deportable offense.

The only area I never understood properly is I-9. what if we never update the I-9? many people I know have never updated and I am not aware of any negative consequences to employees as long as we are authorized to work.( I think in case of ICE audits, only if they find people who not authorized to work, then they might fine/ prosecute employer). But I understand the essence of updating when the visa status is changed/ extended.

The 6 months axiom is based on the premise that the clock gets reset on GC approval as essentially GC is based on future employment. Now there is no officially defined time period how long you need to stick around but 6 months plus is good enough since that is what you are expected post I485 filing. What can help is the total time spent with the employer and time post 485 filing as you mention.
You are correct in saying that changing right away after GC may cause a red flag / audit etc. You are also correct isaying that employer compalining is like shooting themselves in the foot.
Regarding filing I9 make your employer do that because that's the offiial record that you are working on GC. You are correct that grand fathering may happen once you have received citizenship. Your employer should ask you for a copy of your GC to file.
On another note I have seen many people leaving their employers within days and months of getting GC but havent read of any examples of any GC revocation or problems during citizenship.

indiani

09-24-2013, 11:03 AM

The 6 months axiom is based on the premise that the clock gets reset on GC approval as essentially GC is based on future employment. Now there is no officially defined time period how long you need to stick around but 6 months plus is good enough since that is what you are expected post I485 filing. What can help is the total time spent with the employer and time post 485 filing as you mention.
You are correct in saying that changing right away after GC may cause a red flag / audit etc. You are also correct isaying that employer compalining is like shooting themselves in the foot.
Regarding filing I9 make your employer do that because that's the offiial record that you are working on GC. You are correct that grand fathering may happen once you have received citizenship. Your employer should ask you for a copy of your GC to file.
On another note I have seen many people leaving their employers within days and months of getting GC but havent read of any examples of any GC revocation or problems during citizenship.

your last paragraph is the most important one and I agree 100% with everything you said.

there has not been a single well documented case from reliable source of GC revocation when an employee worked even a single day after receiving GC.

many revocations are hear says for which I give 0% weightage.

the attorneys want employers to give them business and do not want to get in trouble with uscis by openly saying that employees can leave within days. so they post on their website of having to stay with employer " for a while" ( and privately suggest approx. 6 months). my attorney has said couple of months is good enough if we can show a reasonable cause.

I got GC a month ago and haven't told my employer yet. I might at some point. as long as I am legally working neither one will be in trouble

TeddyKoochu

09-24-2013, 02:23 PM

I got GC a month ago and haven't told my employer yet. I might at some point. as long as I am legally working neither one will be in trouble

On the I9 I would suggest that you inform your employer ASAP and have it filed this way you have an official record with the government and then you can count your days and months from there on.

Kanmani

09-25-2013, 03:58 AM

On the I9 I would suggest that you inform your employer ASAP and have it filed this way you have an official record with the government and then you can count your days and months from there on.

I completely agree with Teddy, Filing revised I9 is mandatory . Once GC is approved H1b/AOS is no longer valid.

RogerFederer

09-25-2013, 07:30 PM

I.9 is for audit only.. employers will b impated more than employee..

Now filing or not filing, one can always refer to start and end dates of employment, not I9 date IMO..

indiani

09-27-2013, 05:43 PM

I completely agree with Teddy, Filing revised I9 is mandatory . Once GC is approved H1b/AOS is no longer valid.

I just gave copy of GC to office manager and have written on the copy to update I-9 . I don't think anyone else have ever done it at my place of work before as she didn't knew much about it.

Pedro Gonzales

12-03-2013, 04:00 PM

Just returned from a vacation overseas. I was really looking forward to returning to the US airport and standing in the US Citizens and Permanent Residents line for immigration clearance. Badly disappointed that they've now pushed green card holders to the visa line (yup the same old line we were always at). The new splits are US Citizens and US Non citizens. It turns out they're continuing to get biometric information from green card holders too, so we're going to continue to wait in the longer lines.

This was at DFW, not sure about other airports, but I don't see why it would be any different.

isantem

12-03-2013, 04:59 PM

If you have kids that are citizens.....you are good to go the entire family at the US Citizen line.

GCKnowHow

12-04-2013, 09:42 AM

I just gave copy of GC to office manager and have written on the copy to update I-9 . I don't think anyone else have ever done it at my place of work before as she didn't knew much about it.

You can download I-9 (http://www.uscis.gov/sites/default/files/files/form/i-9.pdf) and fill and submit to employer. There is a part where the employer had to fill and keep this in their documentation.

Pedro Gonzales

12-04-2013, 09:45 AM

If you have kids that are citizens.....you are good to go the entire family at the US Citizen line.

Good to know for next time.

Kanmani

12-06-2013, 11:30 AM

qesehmk

12-06-2013, 12:23 PM

Just observed Washington- Dulles International allowing Citizens & Permanent Residents in one queue.
That was my experience at PHL last year. But I thought my experience could be old or odd or both! Anyway welcome back!

gc0907

01-07-2014, 04:55 PM

LAX has separate lines for Visitors / PR / and US Citizens.
If US Citizens queue is empty, the personnel will move some PRs to that queue.

Just returned from a vacation overseas. I was really looking forward to returning to the US airport and standing in the US Citizens and Permanent Residents line for immigration clearance. Badly disappointed that they've now pushed green card holders to the visa line (yup the same old line we were always at). The new splits are US Citizens and US Non citizens. It turns out they're continuing to get biometric information from green card holders too, so we're going to continue to wait in the longer lines.

This was at DFW, not sure about other airports, but I don't see why it would be any different.

Just observed Washington- Dulles International allowing Citizens & Permanent Residents in one queue.

That was my experience at PHL last year. But I thought my experience could be old or odd or both! Anyway welcome back!

dec2007

01-13-2014, 11:42 AM

Kanmani

01-13-2014, 01:11 PM

Friends

We got our GC recently. We went to India in Nov, my wife is still in India, she is 6 weeks pregnant.

The 6 month timeline ends in May. Doctor mentioned no travel for next 2 months.

Has anybody traveled from India while they were pregnant. Is there a paperwork to filed if she have to stay beyond 6 months? Is it even possible. Please advice and share your thoughts/experiences.

Thanks

dec2007, Congratulations!

Where did you find that 6 months deadline ? It is actually one year.

To avoid abandonment of GC, the permanent residents are required to re-enter before the completion of one year from the date of departure.

PRs can stay beyond one year without abandoning the GC by obtaining re-entry permit proposing valid reasons for the lengthy stay. This re-entry permit rules are similar to AP. It is ruled out in your case.

One thing I have to mention is, after the Boston event, there have been a lot of additional CBP questioning to those who are re-entering after 6 months staying out of the country. I don't know if this is still in practice, but that was the reason which has forced me to cut short my stay.

Otherwise you have one full year to go.

qesehmk

01-13-2014, 04:13 PM

kanmani - how sure you are?

I also think it is 1 year. But when I talk to a lot of my friends who are citizens and have sponsored GCs for their parents .... always keep telling me it is 6 months. I know it used to be 6 months. But I think now the guidelines are relaxed and it is now 1 year.

Curious what's your understanding of the law.

dec2007, Congratulations!

Where did you find that 6 months deadline ? It is actually one year.

To avoid abandonment of GC, the permanent residents are required to re-enter before the completion of one year from the date of departure.

PRs can stay beyond one year without abandoning the GC by obtaining re-entry permit proposing valid reasons for the lengthy stay. This re-entry permit rules are similar to AP. It is ruled out in your case.

One thing I have to mention is, after the Boston event, there have been a lot of additional CBP questioning to those who are re-entering after 6 months staying out of the country. I don't know if this is still in practice, but that was the reason which has forced me to cut short my stay.

Otherwise you have one full year to go.

shekhar_kuruk

01-13-2014, 04:49 PM

dec2007,
Congratulations. We went to India last year when my wife was pregnant. The doctor would only us to travel in the 2nd trimester, we stayed in India for 4(20th - 24th) weeks. So your wife should be good to travel in the 2nd trimester. Good luck.

Kanmani

01-13-2014, 04:59 PM

Q, Thanks for the input. I have always seen it as 1 year, when I checked it now it looks like a few caveat has been added to it, any period of stay is questionable. http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

What do you think now?

qesehmk

01-13-2014, 07:19 PM

Indeed that's the text that made my mind to 1 year and that's the one I sighted to people I know.

But I know one family they let their GC lapse because shuttling between countries was too much at old age and in their old age they couldn't live away from India.

I wonder if there is another rule for a GC holder that we are missing that says 180 days in a year one must be in US? I guess I am a bit confused when the rule changed. I do know the rule was different just a few years back.

Q, Thanks for the input. I have always seen it as 1 year, when I checked it now it looks like a few caveat has been added to it, any period of stay is questionable. http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

What do you think now?