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QUESTION: I'm an LPR, applied I824 (Follow-to-join) for my wife. It's approved, case completed at NVC and waiting for my priority date to become current to get an interview. My PD (EB2 - India, 4/15/09) may become current sometimes in about 4 to 6 months. Looking for your advise on the below.

When my wife attends the interview, can I be in the state of "unemployed"? I'm thinking to quit my job and go India to stay there for about maximum 6 months temporarily with my family until she gets the IV interview. Should I be in some job in US since it's "employment based" follow-to-join?  (I have fair amount of balance/stock to show in I134 that I'm above poverty line..and I will maintain my domicile in terms of bank a/c, stock, utilities, rent apartment etc.)

Thanks for your help.

ANSWER: Hi,

Since you receive your LPR (lawful permanent resident) status on the basis of employer sponsorship, it is best to continue to be employed, preferably by your sponsoring employer, so that the consular interview proceeds smoothly for your family. Otherwise the Consulate can question whether there was a genuine offer of "permanent" full-time employment from the sponsoring employer upon which you obtained LPR status.

---------- FOLLOW-UP ----------

QUESTION: Thank you very much for your response, Sir.

If quitting my job may not be good way, I can ask for 1) transfer to my India branch for 6 months or 2) long unpaid leave of 6 months.  Would any of these two be a good option rather than quitting?. would "Working in India branch" or "taking long unpaid leave" be an issue for my wife's visa interview?

Thanks a lot for your help.

Answer
Yes, transfer to the Indian branch for a temporary period of time should work. Unpaid leave is also OK, but there should be evidence (such as a letter from the employer) that the leave is temporary and for your personal reasons, and that you are expected to resume your duties on [date].

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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