Location: God's own country
Posted on: 21-01-12 03:55:05
CD’s:
I have a colleague at work who is from USA. He is an Indian passport holder and he did his Bachelors at USA. Then he worked there for 6 years (so total he stayed in USA for 11 years). He has a house there which he rented out and is still paying mortgage. I am thinking that he has lost his job in USA and came to India in the lookout for a job. Since India is now a country of opportunities, a dumb head like him got him a job in my company which pays him more than his USA salary.
He told me that his green card is under process and that he has a EAD to USA and that he can renew it.
Can anyone tell me the following:
1. Can he get his green card by staying in India?
2. Does he have to spend any mandatory time in USA while his Green card process is going on or if he gets his green card?
3. Can his EAD be renewed while he is sitting in India?
I am having some major doubts in him. Our office has given him a major hotel project which will get over only in 2015 and they are expecting that he will stay till then. I am thinking that if his EAD/Green card canot be renewed unless he spends some fixed time in the USA, he may just leave the company midway and go to USA to get his green card.
CD’s replies will help me take up the matter appropriately with the management. I am pushing to hire only locals or Gulf returned people only.
Peace
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I am a Gents and not a Ladies.
Location: God's own country
Posted on: 21-01-12 03:57:06
To add:
He is getting married in a month.
Will his marriage affect the green card process / EAD renewal so that he can never return back to the USA?
Cdn_Dude, Dimple to advise.
Peace
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I am a Gents and not a Ladies.
Location: Western Hemisphere
Posted on: 21-01-12 11:39:46
As far as I know, his EAD through the GC process is valid only if he is employed. In other words, his EAD is attached to his job. His EAD may be valid if he has a new job in the US that "matches" his previous job and the portability rules have been used and he remains employed in his new company that processed the portability.
If he already has a Green Card, he is at risk of losing that if he stays out of US more than 6 months.
For marriage, he can add his spouse to his GC process only up to a certain stage in the GC process. That assumes he is even employed and the EAD is valid. If he already has a GC, sponsoring the spouse will take several years. Usually, people get married either while on non-immigrant status, or before a certain stage during the GC process or after obtaining US citizenship.
Technically, one can get a GC without being employed for that company. However, the company should have the job available after several years of process. In that case, one applies through a consular process to obtain the Green Card.
If he is involved with EAD, he has not done the consular process; instead he has followed the process of adjustment of status (which requires him to be in the USA) and he needs to remain employed. Short term business/pleasure travel is an exception and can be done with advance parole.
So, as you can see, the process is complex.
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Dimple2001
Location: God's own country
Posted on: 22-01-12 10:09:07
Thank you Dimple.
So he has been BS'ing me.
He is not in IT and is not really clever. He is in a field which is under major recession in USA and hence I think it is safe to assume that he can never go back to the USA. Though his company has a website, I think it is not such a big company or is he of exceptional talent that they can hold on to his position for many years.
Thanks once again.
Peace
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I am a Gents and not a Ladies.
TK it's OK for you to have returned from canada but you want to get rid of this guy from the US and hire locals and gulfees. Live and let live, looks like you want to become a management chamcha or else what business is it if yours what his status in the US is?
Location: God's own country
Posted on: 23-01-12 01:00:06
BD,
I think you misunderstood me. I was enquiring for the following reasons.
1. He is not upto the mark
2. Even in the event that we decide to retain him, I do not want to train someone who will leave once he GC process requires him to be in USA and he leaving the job overnight.
Right now, he is handling a very important job which is not capable of doing but the management has given him the chance. If he goofs up, then the whole company’s reputation is at stake.
If you had been following me, then you would have known that I respect hard work.
Peace
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I am a Gents and not a Ladies.
Since he got a bachelors and 6+ exp in US, He can always file H1 for another 6 yrs. So losing EAD don't stop him from US. Unless he report to you and attrition is your responsibility, You should not bother his GC etc.. Now a days with global opportunities, you cannot ensure local guys will stay forever.
