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  • GC status question

    I got my green card last November through my employer who had sent me on L-1 visa. As they don't pay me well, I asked them to transfer me back to India. I plan to be in India for few months and quit the job to come back to USA to find a job here. I do not own a house in USA.

    My absence from USA will be less than 6 months and then I will be here again for a year till I go for next vacation for a couple of months.

    1. By doing the above, am I abandoning my perment residency status?
    2. Is there any chance that this could be challenged by the US authorities when I return from India, as I do not own a residence here.
    3. When I leave USA I may not have the offer of new job which I intend to take up as I will search after returning.
    4. How can I keep my residency.

  • #2
    1. By doing the above, am I abandoning my perment residency status? This is tricky... taking up employment in another country is one of the big "DO NOT"s for keeping your residency. Consult a lawyer to see if your case would be an exception.
    2. Is there any chance that this could be challenged by the US authorities when I return from India, as I do not own a residence here. No. You will be questioned on the reason for your trip abroad.
    3. When I leave USA I may not have the offer of new job which I intend to take up as I will search after returning. What's the question?
    4. How can I keep my residency. Do not work, do not commit a crime of moral turpitude, file your taxes, do not move abroad with the intend of living there...

    Why do you need to go to India? just stay here and find a new job.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

    Comment


    • #3
      Originally posted by PraetorianXI
      1. By doing the above, am I abandoning my perment residency status? This is tricky... taking up employment in another country is one of the big "DO NOT"s for keeping your residency. Consult a lawyer to see if your case would be an exception.
      2. Is there any chance that this could be challenged by the US authorities when I return from India, as I do not own a residence here. No. You will be questioned on the reason for your trip abroad.
      3. When I leave USA I may not have the offer of new job which I intend to take up as I will search after returning. What's the question?
      4. How can I keep my residency. Do not work, do not commit a crime of moral turpitude, file your taxes, do not move abroad with the intend of living there...

      Why do you need to go to India? just stay here and find a new job.



      The problem here is I am anyway due to take a vacation having not visited India for long so the basic purpose is to take a vacation. However the reson I am asking my company for transfer is my agreement with them is not to quit the job while in the US. So I plan to go there and resign, clear my dues, get relieving papers, take vacation and return to find a new job.

      Thus the problem is when I return I will not have a job in hand and secondly though working abroad is not favoured, I will be working there for at most 3 months. Could youp please see if this information helps.

      Comment


      • #4
        Consult a lawyer, I think your path is one full of traps and possible mistakes. Quit in the USA and do NOT work in India.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

        Comment


        • #5
          Originally posted by PraetorianXI
          Consult a lawyer, I think your path is one full of traps and possible mistakes. Quit in the USA and do NOT work in India.

          Is the US permanent resident NOT allowed to work abroad?
          even for a short time?
          I am consulting a lawyer but are you sure of such a clause?

          Comment


          • #6
            Only for short periods of time and under certain exceptions. It is still a tricky situation. It is up to you to dig deeper.
            Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

            Comment

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