General Green Card

Approved I-140 in May 2009

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Hello Rajiv, My I-140 was approved in May 2009 and unfortunately I lost my job and left US in October 2009. I intend to return back to US once I find good job. If my employer or myself file another I-140 could my priority date be retained from my original approved I-140. I see that current priority date for India is 2012 but obviously my priority date originally was in 2009. In this case can my priority become current as soon as I file my I-140. I will really appreciate your insight in such case.

Prior to January 17, 2017, the rules about priority date retention were uncertain. If your earlier I-I40 was not withdrawn or revoked, you should be able to keep your priority date.

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Documents needed by and anticipated questions for green card holders at the port of entry

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 I am a G.C. holder and will travel next month and plan to return to the U.S. in December. What documents do I need to carry and show at the port of entry when I return to the U.S.? What questions does a CBP officer usually ask a green card holder at the port of entry? Do I need to carry tax returns, pay stubs, W-2, and previous H-1B documents ( I was in H-1B before I got G.C.)?

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If it is less than six months, all you need to carry is your green card and passport. If you have any evidence of continued employment, for instance, a couple of W-2's, scan them and put them on the cloud. You can show them to the Customs and Border Protection (CBP) officers if asked. Usually, for exits of less than six months duration, the scope of the CBP inquiry is limited. I doubt you will be asked any questions.

 

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Working outside the U.S. for four months with a recently issued green card

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I got my green card last month. I plan to go to India and work from India for a U.S. company for 4 months continuously. This U.S. company is the company that sponsored me for G.C.
Is it legally allowed from the USCIS point of view because I stayed and worked for four months continuously from India? Will there be an issue at the port of entry when I return to the U.S. because I stayed and worked for four months continuously from India?

 

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If you leave for less than six months, your scrutiny upon re-entry is not likely to be overly intrusive. As long as you do not form the intention to abandon your permanent home in the United States, that work stint should be fine. You should also not have given up your job in the United States. In your case, you are working for the same company that was your green card petitioner. Working abroad appears to be a continuation of your U.S. employment. Therefore, this arrangement and duration appear to be safe.

 

 

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Can GC-EAD holders start a business and what impact accrues on the pending I-485?

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Q: 1.Can I run my second W2 on my own company? Keeping my primary W2 with the same employer who filed the GC?

2.If I start a business on GC-EAD, if they call for a GC interview what type of question do they ask related to business?

3.If I-485 is denied, can we  come back to H-1B again and do we have to refile I-485 again?

 

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How long can green card holders stay outside the U.S.?

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How many days can a green card holder stay outside the U.S. continuously per year and non-continuously per year?

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Anytime you have been gone for six months or more you could be questioned very closely. Your permanent home must be in the United States. More...

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Green card holder working on multiple jobs - Is it legal?

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I received my green card two days ago. I work 40 hours a week in IT company A as a full-time software engineer from 8 a.m. to 5 p.m. Monday to Friday. Can I work on another full-time job 40 hours a week in IT company B as a software engineer from 8 a.m. to 5 p.m. at the same time while working for company A if I can manage because I am working remotely? While I am employed with company A full-time 40 hours a week, can I work on another part-time IT job like 20 hours a week assuming that some hours of IT full-time job overlap with some hours of IT part-time job? Can I work on another non-IT full-time or non-IT part-time job during weekends/holidays, or after my other job working hours while I am employed with company A full time?

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I believe if you want to take up a second job by not leaving your main job (that got your green card) you could do it. You could have a part time or a full time job. More...

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Obtaining student or visitors visa while a green card is pending

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I am 19 years old and live with my parents in India.  I have an approved F3 family based immigrant petition which the National Visa Center has shown as “documentarily qualified” since April 2020 My priority date became current in January, 2021. I am waiting for my interview and  have received three  emails, each requesting I wait another 60 days for my next reply. This fall I enrolled in an associate degree program at  a community college in Maryland. I am studying online from India. Should I apply for an expedited F3 family based visa interview based on my educational needs if I want to go and study in the U.S.?

 

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You can certainly try and then go for the interview once it is scheduled. Although consulates have indicated that they are going to frontline family-based immigration dedicated to family unity first, there are certain categories which you might not fall under. Regardless, it is worth trying to get an expedited interview and then try to get a student visa. More...

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Consequences of green card holders staying outside the USA for an extended time. Reentry permit protection

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My spouse has her green card from 2014 and she has been travelling regularly to India to take care of her ailing Father.
She had been coming back to USA within Less than 6 months and staying in the US for a few months
and travelling back again. This has has been going on for the past 6 years. In between she got a reentry permit for 2 years which has expired.
recently she travelled back to the US after 8 months and had a tough time with the immigration officer who questioned regarding the
extended stay in india and finally she was allowed in with the regular stamp in the passport. No comments/special notes were made in the passport.She has now applied for a new re entry permit and waiting for its approval.

she co owns the house and a partner in the LLC and has been filing US resident taxes and I have
been working and staying in the US during the entire period .

1) Based on the above details is it safe for her to travel once her re entry permit is approved?
2) Should she wait for a specific period of time before she can travel ?
3) Would carrying a copy of the House title,LLC partnership details and copy of the Tax filing help
in case she is questioned at the Port of entry.

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In a situation like this you should really talk to a lawyer. The key indicators of a situation like this are does she permanently live in the United States. Doing it repeatedly year after year for six years that does not bode well, but with special circumstances, you could make an argument that she never intended to abandon her permanent residence. More...

 

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Green Card final interview process/questions asked, etc.

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1) Please list out what are the documents need to be carried for final interview by main applicant and the dependents?

2) What are the general questions we can expect from the officer during the interview who makes decision and how the interview process will be, so we can be aware and prepare ourselves?

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1. Always tell the truth.

2. It is okay to say I don't know.  Also, if you are struggling to reply you can say I don't  remember and always ask for a clarification if something is not clear. More...

 

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