antonyliu2002@yahoo.com wrote on 10/10/08 09:34:
> On Oct 10, 12:02 pm, "Joe Feise (Immigration)"
> wrote:
>> antonyliu2...@yahoo.com wrote on 10/10/08 08:33:
>>
>>> Hi,
>>> I filed my 485 July 1, 2007 and got my EAD in September 2007.
>>> Now, I have a very good job opportunity in another country, and I
>>> would like to go for it, but meanwhile do not want to give up my green
>>> card application.
>>> So, my question is, can I work outside of the USA and come back once
>>> every 6 months? Will it keep my EAD valid until I get my green card?
>> The EAD has absolutely nothing to do with this.
>> The EAD is a US document, it allows you to work *in* the US for any employer.
>> For working abroad, you need an appropriate work visa for that particular country.
>> To travel abroad while an I-485 is pending, you need Advance Parole (unless you
>> have a valid H1.)
>> And, you need to have a job in the US when the I-485 is approved. At that time,
>> you need to start working in that job.
>> --
>> I am not a lawyer.
>> For reliable advice, consult a competent immigration attorney.
>
> Aha, looking at the subject again, I realize why it is confusing.
> Sorry.
>
> I really didn't mean if I can work outside of the USA with my EAD as a
> work permit over there. I certainly know that this EAD only makes
> sense within the territory of the United States of America.
>
> What I really intended to ask is:
>
> Given my current green card application status, will I be eligible for
> green card application if I work outside of the USA?
For a GC, you need to have a job lined up in the US, and you have to start
working in that job the latest when the GC is approved.
You don't necessarily have to be in the US during the processing.
However, for the I-485 to continue, the job has to be available to you at any
time. After all, you don't know when it is going to be approved.
And, you may face issues if you are not working in the job although you could.
After all, the sponsoring employer stated that they have an urgent need for a
job that only you can fill. It looks rather bad if you don't fill the job
although you could.
So, unless this is a limited job, it is rather risky.
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney. |