gglover

Hi,

I work in California.

My company is giving me the option of transferring to India indefinitely until work becomes available here. I can also take LOA (Leave of absence, with no pay) if I wish.

In February of this year my I-140 was approved, a few weeks ago my consular processing form was submitted so my GC interview will be in London (my home country).

I heard that the Consular processing should take 2-4 months since I have a British passport, is this correct ?

If I take LOA will it affect my GC interview in the future? Will they refuse to issue me a GC after being on LOA for 2-4 months?

Thanks so much !

Gordon Glover

Ingo Pakleppa

On 21 Mar 2002 22:02:34 -0600, gglover <[email protected]> wrote:

    >Hi,
    >
    >I work in California.
    >
    >My company is giving me the option of transferring to India indefinitely until
    >work becomes available here. I can also take LOA (Leave of absence, with no pay)
    >if I wish.
    >
    >In February of this year my I-140 was approved, a few weeks ago my consular
    >processing form was submitted so my GC interview will be in London (my home
    >country).
    >
    >I heard that the Consular processing should take 2-4 months since I have a British
    >passport, is this correct ?
    >
    >If I take LOA will it affect my GC interview in the future? Will they refuse to
    >issue me a GC after being on LOA for 2-4 months?

It's difficult to tell. The potential problem is that such a lengthy absence could
be considered evidence that the job isn't really permanent, after all. If you can
show that this LOA is a one-time occurrence and the job is permanent, then you
should get your GC.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com/pederson/visa.htm (dual citizenship info)
http://www.srs-usvisa.com http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/
(marriage and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).

gglover

Hi Indo,

THanks so much for your quick reply, much appreciated.

I have been working for this company for 2 years and have never taken LOA before in my life (4.5 years of work). I guess this is enough to tell them that this LOA is a one-time thing?

HOw do I tell them that the job is permanent? My employer should provide me with all the necessary documents, is this enough?

Thanks,

GOrdon

Ingo Pakleppa

On 22 Mar 2002 14:02:34 -0600, gglover <[email protected]> wrote:

    >Hi Indo,
    >
    >THanks so much for your quick reply, much appreciated.
    >
    >I have been working for this company for 2 years and have never taken LOA before in
    >my life (4.5 years of work). I guess this is enough to tell them that this LOA is a
    >one-time thing?

It really depends on the overall picture, like the reason for the LOA. For instance,
if it is because of a temporary disability that will be cured, the situation would be
very different from an LOA suggested by the employer due to work shortage.

    >HOw do I tell them that the job is permanent? My employer should provide me with all
    >the necessary documents, is this enough?

Depends on circumstances again. There is a chance that you won't even be asked about
it. What really counts is whether you have reason for the belief that you will work
there permanently. If in doubt, ask a lawyer, not a layman.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com/pederson/visa.htm (dual citizenship info)
http://www.srs-usvisa.com http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/
(marriage and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).