Can we come back on EAD after resigning and 4 months India Stay ?

[iam4friendz]

Hi

Thanks for reading thru my question, and possible guidance.


I am in my 8thyear of H1B. Have receive my EAD/AP (not activated yet). My H1B expires in 2010.
My wife is on H4, but she has EAD/AP

We are also planning to do annual renewals of EAD/AP as required.



In December 2008, I need to go to India for appr.4 months for helping with my Sister's marriage. It is evident that it will be tough for company to grant 4 month long leave.

In this can I do the following?
- Switch to EAD while I am on present job.
- Provide respectable notice, and resign the job before leaving to India
- Go to India and take care of Sister's marriage and family.
- Come back to USA on EAD
- Work on another job


I am not sure if it is allowed by law, to enter back into USA on EAD, after 4 months of India stay , after having resigned the job.
If yes, what are legal measures I should take care of ?

If not, what may be the alternates for me to still be in India those 4 months and come back to USA to work ?

Thanks

[txh1b]

You can come back to US on AP as a parolee but not on an EAD. EAD is not valid for entry. If you intend to use AC21, you need to ensure you have an offer of employment upon return.

The POE officer *may* ask about your GC sponsor and the company and you need to have an employer. Again, this is not mandatory, but a good to have thing.

You can return and find a new employer and use AC21. Make sure you take care of legalities (change of attorney/G28) etc if you don't expect co-operation from your prior employer.

[iam4friendz]

Thanks for posting the reply.
While we (me and my presently H4 dependent wife.. also on AP at the time of leaving) leave for 4 months stay in India on AP in future, I will
- either take pressent employer's approval letter
- or a new employer's offer letter.

Q1 What would be the process to activate Advanced parole before leaving the country ?

Q2
The definition of advanced parolee concerns me:
"Advance parole: authorized at an U.S. Citizenship and Immigration Services (USCIS) District office in advance of alien’s arrival; may be issued to aliens residing in the United States in other than lawful permanent resident status who have an unexpected need to travel and return, and whose conditions of stay do not otherwise allow for readmission to the United States if they depart."
https://www.immihelp.com/us-immigration-glossary/

I will be going to look for groom for my sister (and get her married if possible). And this may take anywhere from 2 months. But I am planning to restrict it for upto 4 months.

I am not sure my condition of stay would allow for re-admission to USA with just a job offer letter ? (assuming present employer's conditions won't work out for 4 upto months vacation)

What would be the best documentation, support to be carried in such a case ?

Thanks.

[txh1b]

1. No such procedure exists. All AP procedure after getting approval from USCIS happens during re-entry.

2. As you are trying to deal with your GC/re-entry at stake, better spend a few hundred bucks and talk to an attorney. The advice you get on the forum is worth whatever you paid for it. AFAIK, if your GC sponsor still intends to hire you after getting your GC, you should be fine entering on AP.

After you speak to an attorney, let us know on the forum what was told by them.

[iam4friendz]

Thanks for reply and help.
I will surely consider consulting an attorney. May take a month or so but I surely will share whatever knowledge I get regarding this.