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  #1  
Old 06-22-2010, 06:36 PM
cric4life cric4life is offline
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Default Leave of Absence or Quit?

My Current Status:

Working since August 2004
Visa Status: H1-B expiring on October 25, 2010 (Submited for renewal 6/17/2010)

Green Card Status:
Labor - approved for EB3 (priority date: 8/24/2006)
I-140 approved
I-485 pending
Advance Parole - expires in August 2010 (submitted for renewal on 4/30/2010)
EAD - expires 8/10/10 (submitted for 2 year renewal on 4/30/2010)


What happens to the following process if I go on Leave of Absence?

1. Pending AP
2. Pending EAD
3. Pending H-1B extension
4. Pending Green Card process

What happens to the following process if I Quit my job?

1. Pending AP
2. Pending EAD
3. Pending H-1B extension
4. Pending Green Card process
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  #2  
Old 06-24-2010, 05:45 PM
cric4life cric4life is offline
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Default CAn anyone help me out on the below question please?

CAn anyone help me out on the below question please?


I am planning to leave my job and go to India for 6 months.....what happens to the following if I quit my job?

1. Pending AP
2. Pending EAD
3. Pending H-1B extension
4. Pending Green Card process
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  #3  
Old 06-25-2010, 02:48 PM
xela xela is offline
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Default I am no lawyer but...

unless you are planning on coming back before your AP expires, how do plan on getting the new approved one? because without it how are you gettign back into the US???

if your EAD and AP were filed in April you should see the renewed papers soon, if I were you I would wait for them and go once you have them.

Your H1B is toast if you quit and not transfer it to another company, but you still have EAD so thats not too much of a problem.
However you do need a future employment for the Greencard and EAD to be valid and the RFE to provide the future employment letter will typically come if you quit and the company pulls the I 140. So make sure that is all taken care of before you go anywhere.

With regard to 6 months leaving...I have no idea what the time spans are that are acceptable. So sorry as I said I am no lawyer, this is just my experience and what I have seen.

I hope this helps a bit
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  #4  
Old 06-25-2010, 03:16 PM
cric4life cric4life is offline
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Default thanks!!

Thank u very much for the help.

I am expecting to get my approved AP for 1 year soon. In case if I have to leave the country before the AP shows up, than I'll have my lawyer ship it to India.
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  #5  
Old 06-26-2010, 10:06 PM
copsmart copsmart is offline
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Default I'm not an Attorney, but here is my take...

Your pending I-485 will be in trouble... if your H1B extension is denied, and if you are not in US to respond to a potential RFE to prove that you have a job or a GC sponsoring employer.

Quote:
Originally Posted by cric4life View Post
What happens to the following process if I go on Leave of Absence?
Your pending I-485 will be in trouble... if your current employer cancel your H1B, and if you are not in US to respond to a potential RFE to prove that you have a job or a GC sponsoring employer.

Quote:
Originally Posted by cric4life View Post
What happens to the following process if I Quit my job?
Sorry, in either case I foresee a problem.
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"Self-rule leads to realms of gods, Indulgence leads to gloomy hades."

"Decorum does one dignity, more than life guard its purity."

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  #6  
Old 06-29-2010, 07:09 PM
cric4life cric4life is offline
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Default What is the best option?

Hi,

thanks for your response.

Option 1: Go back to India without a H1-B extension Stamp and no job: My employer doesn't proactively revoke H-1B or any other applications. In that case, I am assuming my H1-B will go through even though I don't have a job (assuming no RFE is issued). Is this right?

Option 2: Go back to India with a H1-B stamp but no job: The other option for me is to do the premium process of H-1B and get my H-1B stamped in Canada before Quitting my job, so USCIS doesn't get to know about it.



thanks,
sharvil
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  #7  
Old 06-30-2010, 10:00 AM
xela xela is offline
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Default neither really

you H1B is only good as long as you work or are employed once you are not employed your H1B is basically cancelled and you are trying to come back to US illegally if you are using H1B stamp.
With EAD/AP you are still ok as long as you can show that you have future employment if and when they issue RFE. And do not simply hope you wont get the RFE most of us did get one even though we did not switch or leave our job.

At least that is my understanding.

Last edited by xela; 06-30-2010 at 10:04 AM. Reason: forgot she has ead/ap
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