Post GC employment and travel

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Originally Posted by indiani

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.

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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.

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Originally Posted by TeddyKoochu

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.

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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

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Originally Posted by indiani

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

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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.

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Originally Posted by TeddyKoochu

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.

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 Once GC is approved H1b/AOS is no longer valid.

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..

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Originally Posted by Kanmani

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 Once GC is approved H1b/AOS is no longer valid.

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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.

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.

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

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Originally Posted by indiani

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.

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You can download I-9 (http://www.uscis.gov/sites/default/f...s/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.

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Originally Posted by isantem

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

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Good to know for next time.

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Originally Posted by Pedro Gonzales

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.

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

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Originally Posted by Kanmani

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

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

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.

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Originally Posted by Pedro Gonzales

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.

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Originally Posted by Kanmani

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

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Originally Posted by qesehmk

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

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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

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Originally Posted by dec2007

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

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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.

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.

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Originally Posted by Kanmani

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.

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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.

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/afte...nent-residence

What do you think now?

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.

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Originally Posted by Kanmani

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/afte...nent-residence

What do you think now?

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6 months rule, if there is any, would contradict the current 1 year rule. That USCIS page says reviewed and updated as of Aug 2013.

I can conclude by saying , any stay beyond 180 days may trigger secondary inspection at CBP to prove ties to the country.

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Originally Posted by Kanmani

6 months rule, if there is any, would contradict the current 1 year rule. That USCIS page says reviewed and updated as of Aug 2013.

I can conclude by saying , any stay beyond 180 days may trigger secondary inspection at CBP to prove ties to the country.

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Thanks Kanmani. That makes sense.

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Originally Posted by qesehmk

Thanks Kanmani. That makes sense.

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Thank you all for the replies and wishes. Hope everything will be ok to travel back on time.