Please put my mind at ease

Old Jan 14th 2013, 10:58 pm
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Default Please put my mind at ease

My question relates to the H1b visa. Is it is condition that you must work in the USA? For example, if it has been granted and the family is in the USA and is in the GC application process, can the H1b visa holder go and work outside the USA for their US employer? I would have thought the answer would be no. But maybe you can help. It's not my family.
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Old Jan 14th 2013, 10:59 pm
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Default Re: Please out my mind at ease

Should say PUT MY MIND AT EASE^
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Old Jan 14th 2013, 11:02 pm
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Default Re: Please put my mind at ease

Originally Posted by Lazzza View Post
Should say PUT MY MIND AT EASE^

Sorted.
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Old Jan 14th 2013, 11:06 pm
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Default Re: Please put my mind at ease

Originally Posted by Lazzza View Post
My question relates to the H1b visa. Is it is condition that you must work in the USA? For example, if it has been granted and the family is in the USA and is in the GC application process, can the H1b visa holder go and work outside the USA for their US employer? I would have thought the answer would be no. But maybe you can help. It's not my family.
My understanding is once you are in the GC process you can't make any changes to your position or your residence without basically having to start the process again.

We've just started ours on an L visa and the lawyers have explicitly told us this repeatedly. No promotions, no transfers, no change in who you manage, and no moving house.

If it is just a work trip for the current position, I believe if you have filed the correct paperwork allowing international travel that is fine. Something to check with the lawyers though.
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Old Jan 14th 2013, 11:06 pm
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Default Re: Please put my mind at ease

Originally Posted by Lazzza View Post
For example, if it has been granted and the family is in the USA and is in the GC application process, can the H1b visa holder go and work outside the USA for their US employer? I would have thought the answer would be no.
I believe, in fact, that you can. However, you must have permission to work from the other country. You can't work on a US H-1B visa if you're not in the US. The person would need to apply for the proper work authorization first.

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Old Jan 14th 2013, 11:08 pm
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Default Re: Please put my mind at ease

Originally Posted by N1cky View Post
We've just started ours on an L visa and the lawyers have explicitly told us this repeatedly. No promotions, no transfers, no change in who you manage, and no moving house.
I'm pretty sure that not only can you get promoted, you can also move!

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Old Jan 14th 2013, 11:11 pm
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Default Re: Please put my mind at ease

Originally Posted by ian-mstm View Post
I'm pretty sure that not only can you get promoted, you can also move!

Ian
Yes we moved house during the GC process. What we couldn't do was to leave the US for any reason without applying for parole. We had to obtain said document before we could fly to the UK to see my FIL who was in ICUS following a heart attack.

Last edited by Jerseygirl; Jan 14th 2013 at 11:13 pm.
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Old Jan 14th 2013, 11:12 pm
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Default Re: Please put my mind at ease

Originally Posted by ian-mstm View Post
I'm pretty sure that not only can you get promoted, you can also move!

Ian
You would have to refile the GC application though wouldn't you? As it's based on your current role, not your new one.

I'm no expert on this by any stretch, just going on the explicit details we've been given.
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Old Jan 14th 2013, 11:12 pm
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Default Re: Please put my mind at ease

Originally Posted by Jerseygirl View Post
Yes we moved house during the GC process.
Before or after you received your EAD? We've been told it's ok after we have that in hand.
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Old Jan 14th 2013, 11:15 pm
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Default Re: Please put my mind at ease

Originally Posted by N1cky View Post
Before or after you received your EAD? We've been told it's ok after we have that in hand.
What do you mean? Hubby had a L1a...so already had an EAD...or do you mean GC?
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Old Jan 14th 2013, 11:17 pm
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Default Re: Please put my mind at ease

Originally Posted by Jerseygirl View Post
What do you mean? Hubby had a L1a...so already had an EAD...or do you mean GC?
There is a portion of the GC process where you receive the EAD, usually one or two months before the actual GC is received
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Old Jan 14th 2013, 11:20 pm
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Default Re: Please put my mind at ease

Originally Posted by N1cky View Post
Before or after you received your EAD? We've been told it's ok after we have that in hand.
The EAD has nothing to do with moving house.

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Old Jan 14th 2013, 11:25 pm
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Default Re: Please put my mind at ease

Originally Posted by Noorah101 View Post
The EAD has nothing to do with moving house.

Rene
I know the EAD has nothing to do with moving house, where did I say it did?

We were told that it would cause complications and may lead to us having to refile the GC application if we moved house before the EAD portion of the GC process had been granted.

I will now bow out of this thread. I said I was no expert, but as we are currently going through the process offered the advise we have been told by the two different sets of lawyers dealing with our case.
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Old Jan 14th 2013, 11:29 pm
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Default Re: Please put my mind at ease

Originally Posted by N1cky View Post
I know the EAD has nothing to do with moving house, where did I say it did?

We were told that it would cause complications and may lead to us having to refile the GC application if we moved house before the EAD portion of the GC process had been granted.

I will now bow out of this thread. I said I was no expert, but as we are currently going through the process offered the advise we have been told by the two different sets of lawyers dealing with our case.
Jerseygirl said "yes, we moved house during the GC process".

You replied "Before or after you received your EAD? We've been told it's ok after we have that in hand."

It sounded like you were correlating being OK to move house, with having an EAD in hand.

Rene
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Old Jan 14th 2013, 11:31 pm
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Default Re: Please put my mind at ease

Originally Posted by N1cky View Post
There is a portion of the GC process where you receive the EAD, usually one or two months before the actual GC is received
The stamp in your PP? We moved before we got that.

Edit: The company lawyers dealing with our application was Fragomens...they advised us every step of the way.

Last edited by Jerseygirl; Jan 14th 2013 at 11:34 pm.
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