Maintaining GC status

[Harry_inception]

Our family lived in the US for four years, during which period, I had applied for employment based Green card and it was approved. Pending issuance of green card, during the Covid period, our family relocated to our home country to take care of my ailing parent. In 2024, we were notified that our date has become current and then after all formalities we received our GC approval. We also visited US and received the physical green card.

As per the original plan, after receipt of green card, my petitioner (current employer) was to hire me in US (they had given this undertaking in writing to us). In the meanwhile, I am still working in the same petitioner company but in my home country (same group company). Due to some severe corporate restructuring, now my US petitioner has stopped all US recruitments and hence not in a position to transfer my employment to US in the near future.

Given my company’s stated inability to hire me in US, I am forced to continue my work in my home country still. Will it be ok if our family keep coming every 6 months to maintain the status until I either get a job in my US petitioner company or for that matter any other local US company? Will this be counted as temporary absence?

Also, if my kid (who also has a GC) wants to study in US, can he maintain his status independently by studying in US or it requires the principal GC holder (me) to also maintain the status by working in some company in US.

Many thanks.

[glideglo]

Tough situation, but it sounds like you’ve done everything by the book so far. As long as you return to the US every 6 months, you should be okay to maintain your GC status for now. The key is to show that you haven’t abandoned your intent to live in the US. Your kid should be fine studying in the US independently; they just need to keep their own status active.