Question details
My self and my wife are on EAD and advance parole. My wife and I are from India.
I have to work in Switzerland on my company business for some time 6 months to a year – would that affect my EAD status in the USA. I would be working for the Swiss branch of my company.The assignment is short term 6-12 months.
This is however not the company with which I started my green card. I changed jobs when I got my EAD.
But I have several questions:
1. Can I even work abroad while on EAD status - short term, i am only talking 6-12 months. if this term is 11 months is that fine? Or do i have to work in the USA only while on EAD?
2. Do I need to maintain substantial presence in the USA while on EAD. And if so what is that term of stay.
3. Updated FAQ: My case is slightly different than the above one. Currently I am on Derivative EAD, which I got through my spouse's company. (I 485 pending and more than 180 days) I was on H1B and I got laid off in March 2009. I am still finding difficult to find a job in the US. I got an offer from a company in Canada. I know that I can work there once I get canadian work permit. My wife (main applicant and EAD holder) will be working for the same company in the US. My question is how often I can come to US with my Advance Parole? will there be any problem if I visit US often? Please advise.
1. An EAD is good to work on US soil only. If you wish to work in a third country, you have to look to their laws for work permissions. You should file an AC21 portability and make sure during your entire stay abroad you have at least your Advance Parole; preferable both your AP and H-1 visa.
2. As long as the permanent job continues to exist, there is no other requirement of presence.
3. I see no problem with visiting USA as often as you like.
I STARTED MY EB2 140 CASE WORK WITH RAJIV’S OFFICE AFTER WAITING FOR 2+ YEARS ON MY CURRENT PENDING EB3 140 FILED BY ANOTHER ATTORNEY.I GOT VERY GOOD CASE WORK AND DOCUMENTS REVIEWED BY RAJIV, SUMAN AND MATHEW CHACKO IN DETAIL AND SUGGESTED FOR PORTING AND INTERFILING MY 140’S WITH PENDING 485. MATHEW WAS VERY DETAILED ABOUT REVIEWING MY EXPERIENCE DOCUMENTS AND FINDING OUT THE CHANGES REQUIRED. I WAS ABLE TO GET THE CHANGES DONE AS RECOMMENDED QUICKLY. SUMAN WAS VERY QUICK IN ASSIGNING THE CASE TO ATTORNEY AND ALSO FOR ALL EMAILS FOR ANY CLARIFICATIONS NEEDED. EVEN THE ADMIN STAFF IS QUICK TO RESPONSE WITH SHIPMENTS OR ANY NOTICES. RAJIV WAS SO HELPFUL IN REVIEWING THE CASE IN DETAILS FOR HAVING THE CASE FILING DONE IN A STRATEGIC MANNER ESPECIALLY FOR INTERFILING THE MULTIPLE 140’S I HAVE GOT APPROVED AND PENDING SO FAR. FINALLY WE GOT THE APPROVAL IN LESS THAN 35 DAYS AND I AM REALLY REALLY THANKSFUL FOR RAJIV AND HIS STAFF, ESP. MATHEW CHACKO AND SUMAN FOR THEIR GREAT HELP AND CONCERN TOWARDS THE ATTENTION GIVE TO CLIENTS.I CERTAINLY REFER ANYONE OF MY FRIENDS OR KNOWN PEOPLE TO HAVE REPRESENTATION FROM RAJIV’S LAW OFFICE FOR THEIR GC PROCESS.