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Planning to go back...in US on EAD....

Posted: Fri Jul 01, 2011 4:41 am
by sagarsagar
I am 34 with wife (33) and 2 kids (6 and 2). I am planning to move back next year to Ahmedabad or Mumbai(March 2012). I have been in US for over 8 years now and feel that I want to stay close to my aging parents. Also I am assuming that there will be good OR better opportunities in India to start something of my own.

My questions is as follows:... Being on EAD is it possible to go to India stay for an year and come back IF things do not go as expected OR planned ?

Planning to go back...in US on EAD....

Posted: Fri Jul 01, 2011 11:24 am
by vampire
To come back to US you would either need a Advance parole or valid visa on your passport.
Typically advance paroles are issued for 12 months. You might be questioned regarding your employment details while entering back..
check with your lawyer if there will be any complications before you decide .

Planning to go back...in US on EAD....

Posted: Fri Jul 01, 2011 1:34 pm
by back2desh
Your statements are contradicting, you want to go back because you want to stay close to aging parents but at the same time you are worried if things don't go as expected you want to come back. Please get that clarified.

With your current immigration status, it may be difficult to come back as vampire mentioned there may be some complications! If you really want to go back to India for good, then you should not worry about your EAD/Immigration Status, sometimes this immigration status will help you make your decision fast and you will be less confused. If you have GC then there is always an element of doubt of coming back as your GC status expire. If you are a US Citizen, they you can always come back whenever you want. But only one thing is it's a pain to go back-forth across countries. Better to decide on one and settle. All the best.
sagarsagar;396913I am 34 with wife (33) and 2 kids (6 and 2). I am planning to move back next year to Ahmedabad or Mumbai(March 2012). I have been in US for over 8 years now and feel that I want to stay close to my aging parents. Also I am assuming that there will be good OR better opportunities in India to start something of my own.

My questions is as follows:... Being on EAD is it possible to go to India stay for an year and come back IF things do not go as expected OR planned ?

Planning to go back...in US on EAD....

Posted: Fri Jul 01, 2011 6:14 pm
by DeccanGuy
OP, I am assuming your 485 is pending and that's how you are on EAD. Has your 140 been approved and what is your EB category and PD? Is your company willing to give you a leave of absence and continue your GC process while you are out of country? If yes, how long they are willing to wait? Talk to your lawyer and see if it's possible to convert your 485 to CP and leave the country. When the PD becomes current then you will have to go to the consulate to get the GC stamping. If you are ready to come back after one year and your PD is still not current, then you may be able to come back on a fresh H-1 (b) visa, same or a new employer. Again, check with your employer and attorney to see if these options are available in your case.

Planning to go back...in US on EAD....

Posted: Sat Jul 02, 2011 3:07 am
by sagarsagar
I plan to move for good definitely but just want to keep that option open. I want to start some business quick and have started to plan for it, however if the business does not work out then I would rather have a job in US than in India (due to the work-culture).

I am EB3 (i know its gonna be a looooong time) and I-140 is done with a pending I-485.