How long do you intend to be abroad, on any single trip time? Do you plan to be outside the US for 6 months or more at a time? DO you plan to be abroad for 1 year or more at a time?
And how often and for how long do you plan to come back to the US?
My priority date through employment has just become current (still haven't received the green card). I'm wondering if I should take the green card or let it go because now we've moved out of the country and would like to live there. I've started a business there and will shortly open a similar branch in US.
I want to know that if I do decide to take the green card then will I be able to keep it- what will I have to do to keep it? Do I have to come back for couple of weeks in every 6 months or do I have to be physically here for 6 months in a year etc.
If a quick phone call helps then I can do that.
I've been working with the employer for 9 years and my priority date was in 2007…if I leave them as soon as I get green card then is that still a problem?
I don't intend to continue working for the employer and want to continue doing my business abroad. I'll make trips to US for business purpose and since I've house etc here, I can live here for longer time while on the trip but I don't want to live here for 6 months every year. What does immigration officer or USCIS check- if person has stayed for 6 months in a year OR a person comes every 6 months to US?
Can you suggest any other way by which I can keep the green card, do my business, make trips to US and how to arrange that so I can keep the green card?
Thanks for your advise.
QUESTION: I've been working with the employer for 9 years and my priority date was in 2007…if I leave them as soon as I get green card then is that still a problem?
ANSWER: Yes, that remains a problem. The sponsorship and green card are based on a future job offer, not a current or past job offer. So whatever happened in the past doesn't matter.
I just want to make sure that you understand that the employment based green card process was created for US companies, when they couldn't find US workers who fit what the company needs. That's why you go through labor certification - to make sure no US workers can fill that position. The employment-based green card program was not created just to give immigrants an opportunity to move to the US with a gren card. That is just a product of trying to fill the needs of employers who can't find US workers. Put simply, the whole point is that a US company needs a worker, and presumably, the immigrant alien is just that worker. So if you are not working for that company who needed you and sponsored the green card on that basis, then you are not entitled to the green card. I know it sounds harsh, but that is the reality of the situation.
Thanks and what if I stick with employer until I get the green card (so they can not notify USCIS) but then leave them after a month. What will I need to do to maintain it?
QUESTION: Thanks and what if I stick with employer until I get the green card (so they can not notify USCIS) but then leave them after a month.
ANSWER: As I mentioned previously, at 6 months of service, you might be okay; but after 1 year of service, you should be fine. Note that it isn't just the employer you have to worry about; if the USCIS investigates or if you intent to apply for naturalization and it is learned that you left the company sooner than 6 months after you started, the USCIS will presume that you never intended to work with the sponsor company, and you can still be issued a Notice of Intent to Revoke the green card.
QUESTION: What will I need to do to maintain it?
ANSWER: In order to maintain permanent resident status, a person should not be outside the US for 1 year or more without permission. If you are outside of the US for 6 months or more in any given trip, and have also not spent at least half of the year in the US, then it could raise a rebuttable presumption that you abandoned your permanent resident status in the US; you will have the opportunity to show that this is not the case.
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