Green Card

Green Card Expired While Outside the US

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I had my green card since 1980 but kept my Russian citizenship. Two years ago my Mother took ill and I returned to Russia to help her. She recently died and now I want to return to USA. The problem is my green card has expired. Can I use the expired card to come back?

No, and you’ll have some serious problems in regards to maintenance of your residency. In order to maintain your residency you should be present in the US for half the year or more or have a very good reason for being outside for so long. One way is to apply for a reentry permit before you leave but it doesn’t sound like you did that. You will need to either apply for a returning resident visa or obtain a letter from the Consulate to give to CBP when you attempt to reenter.

H1B Visa Extension Beyond the Six Year Limitation

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I’m currently working with a H1B and it will expire soon so I can get a extension? I already have 6 years as H1B and I have labor certificate and my company filed I-140. Can I get a extension?

Yes, you will be able to extend beyond the 6-year limitation. A Section 106(a) extension allows extensions in one year increments where you have a labor certification/PERM, I-140 or employment based adjustment application filed at least 365 days prior to the expiration of your current H1B visa status. In you case though, it would probably be in your best interest to premium process your I140 and get that approved. Then you qualify for a Section 104(c) extension which would allow you to obtain a three year H1B extension, provided that an immigrant visa is unavailable due to per country limitations.

LPR Travel Outside the US for More Than One Year

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I’ve held my green card since 1995. I was recently laid off due to the slowing economy and am considering moving back to England. I don’t know if I will return but I would like to keep that option open if I do decide to come back. What can I do?

In order to maintain your permanent residency in the US, you must evidence your intention to remain a permanent resident. This is normally shown through presence in the US. If you anticipate being outside of the US for more than one year, you should at the very least, apply for a re-entry permit before you leave and make some regular trips to the US during your time outside. There are a few other options to maintain residence but they do require some effort and expense.