Form I-485

What happens if you stay outside the U.S. for more than 8 months as a permanent resident

Question details

Does it pose a problem if we stay out of the USA for 8 months or more while having permanent residency and returning after that duration? If so, what can be done to remedy this?

 

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FAQ Transcript

The green card remains valid as long as you don't exceed the 12-month mark. Crossing this deadline leads to losing the green card and going through complicated procedures to retrieve it. If you stay outside the US for more than six months, you are subject to close examination by Customs and Border Protection at the airport. However, if your absence is less than six months, you can pass without being questioned extensively. The critical six-month mark should be taken seriously. If you stay outside for more than eight months, expect to be asked questions about the reason for your lengthy absence. Therefore, carrying evidence supporting your reason, such as selling your property or helping a family member, can be useful.

USCIS Removes 60-Day Rule for Civil Surgeon Signatures on Form I-693

Release Date 

U.S. Citizenship and Immigration Services is removing the requirement that civil surgeons sign Form I-693, Report of Immigration Medical Examination and Vaccination Record, no more than 60 days before an individual applies for an underlying immigration benefit, including Form I-485, Application to Register Permanent Residence or Adjust Status. The requirement had been subject to a temporary waiver since Dec. 9, 2021.

Recording for March 23, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

Immigration Law

Discussion Topics - March 23, 2023

FAQs: Handling H-1B visa and layoff : What happens if I get laid off before or after stamping my visa in India? || Marriage and relocation to the U.S. : Quickest path for prospective fiancé of U.S Citizen living in India || AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days || What to do if one is in India during the PERM and I-140 process ||

Laid off on I-485 AOS AC21

Nonimmigrant Visas

Immigration Law

AC21, Adjustment of Status laid off related questions, including the following and more:

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Question: When applying for new jobs, do I need to ask for a new H-1B, or can I work using my current EAD and change employer?

Answer:  You can go ahead and join with the EAD but keep the future plan of reactivating your H-1B. 

Question: Like H-1B after termination, is there a 60-day rule? Does that rule apply to me also, even though I have an EAD?

Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process

Question details

Can a person on H-1B or H-4 visa be on the Board committee (Vice President) for the US based non-profit religious organization without pay (volunteer) ? Would it create any issue on visa stamping or GC process?

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FAQ Transcript

You can work if the company is non-profit. There is no issue as long as you do not get paid in any way. If it is a for-profit company you could have a problem unless they tailor make the program according to the principles of labor laws.

Recording for March 09, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process