The six month rule and finishing employment

[Hanxa 9]

Probably a weird question... I'm forward planning.

 

My interview is next month. If I am successful, I would be entering the US in July (summer holidays). However, I am a teacher. I need to work my notice (until Christmas) at a minimum... So that's September, October, November and half of December. But I know thir will make things difficult for my job who have been nothing short of amazing as well as being (removed) for the kids who are about to take exams. I've been asked if it is possible for me to work up until the Easter break (January, February, March - holidays start at the end of March).

 

However, I am very aware that this would mean 7 months out of the US to finish up my contract and there is the 'six month rule'. This is a one off to finish out my employment. 

 

Firstly - is this as big an issue as I think it might be?
Secondly, if not, what do I need to do to ensure I'm not abandoning my status. After that, I would be living and working in the US permanently... This is just to finish out my exam classes.

 

I've been categorically told by my boss that if it would jeopardise my green card to just work until Christmas as I'm contractually obligated to and not worry a out it. But if I can, I know it would make a ton of difference to my classes and make everything much easier to manage with the various A level classes and timetabling. 

Edited May 6, 2022 by Ontarkie
edited for language

[yoda one for me 322]

22 minutes ago, Hanxa said:

However, I am very aware that this would mean 7 months out of the US to finish up my contract and there is the 'six month rule'. This is a one off to finish out my employment. 

I had to look up this 6 month rule thing as I was only aware of 12 months needing a re-entry permit, but it seems like 6+ months may lead to scrutiny. I think the fact it is to finish out employment beyond what your contractual notice period requires might be the issue here. I would certainly wonder if this person is legitimately maintaining US residency if they're still living and working in their home country. I am not a CBP officer though, ofc. 

 

As much as you'll feel guilty, I think you should work to your contractual notice period and move then. It's your school's responsibility to pick up from there and everything will be ok. It's wonderful that you're a teacher who clearly genuinely cares about your students, but I think you should put yourself first in this instance. They'll be OK, I'm sure! One of my teachers disappeared off on maternity for our exam year and my class turned out alright  Life happens, you know? 

Edited May 5, 2022 by yoda one for me

[JeanneAdil 6,671]

UK boss says not finishing contract there could hurt your green card here?

How?

 

 

[Hanxa 9]

4 minutes ago, JeanneAdil said:

UK boss says not finishing contract there could hurt your green card here?

How?

 

 

No.. UK boss says that if it will hurt my green card, to not worry about the spring term and only finish out my contractual notice (December) 

 

I do have to work until Christmas regardless. We plan to return to the UK in about a decade and I'd rather not be blacklisted from schools around here. 

[Hanxa 9]

9 minutes ago, yoda one for me said:

As much as you'll feel guilty, I think you should work to your contractual notice period and move then. It's your school's responsibility to pick up from there and everything will be ok. It's wonderful that you're a teacher who clearly genuinely cares about your students, but I think you should put yourself first in this instance. They'll be OK, I'm sure! One of my teachers disappeared off on maternity for our exam year and my class turned out alright  Life happens, you know? 

I know... We were looking at class allocations and I normally take on a huge chunk of A level which has made year 13 particularly difficult. Year 11 will finish content by Christmas so we're not worried too much there. It's just year 13.

 

I hope they are. I don't want to put my residency at risk and have been told not to. So unless it isn't an issue at all, I'll close out at Christmas. I just worry a lot about my students and want the best for them. 

[JeanneAdil 6,671]

1 minute ago, Hanxa said:

No.. UK boss says that if it will hurt my green card, to not worry about the spring term and only finish out my contractual notice (December) 

 

I do have to work until Christmas regardless. We plan to return to the UK in about a decade and I'd rather not be blacklisted from schools around here. 

now, that makes sense

 

then come and activate the green card here

return for the fall semester and come back at christimas 

those 4 months from september to december would not put u out of US for 180 days

[Hanxa 9]

2 minutes ago, JeanneAdil said:

now, that makes sense

 

then come and activate the green card here

return for the fall semester and come back at christimas 

those 4 months from september to december would not put u out of US for 180 days

September to December isn't my worry... It's whether I would be able to finish at the end of March instead to help them out and get my kids up to exam season. They've had such disrupted learning for the past couple of years and they deserve the stability if I am able to give it to them. 

 

But looks like I may not be. 

[DaveAndAnastasia 2,096]

How long from date issued to POE are IR-1/CR-1 visas generally valid for?

If it's something around six months (like K-1s are six months from the medical), couldn't you delay your initial entry to the US long enough that you'd be fine through March (and presumably meet with your spouse in the UK or some other non-US country over the summer)?

[Hanxa 9]

4 hours ago, DaveAndAnastasia said:

How long from date issued to POE are IR-1/CR-1 visas generally valid for?

If it's something around six months (like K-1s are six months from the medical), couldn't you delay your initial entry to the US long enough that you'd be fine through March (and presumably meet with your spouse in the UK or some other non-US country over the summer)?

It's also 6 months from the medical.

 

That's a thought... I could enter in the October half term which would then mean 5-5½ months until March. Possibly. 

 

There are other circumstances that mean I needed to be there in the summer (as a visitor if denied) but if I can handle that, then October would be feasible. 

[Wuozopo 4,293]

@Hanxa

 

Is it possible for the headmaster to look for a new teacher now that can be there for the kids for the whole term? Can you mutually agree to be let out of your contract because he finds a replacement who will teach the kids all year?  Then you can get on with married life?

I am wondering if you aren’t ready to start a new life in the US. With the talk of  going back until Easter and already planning on returning in 10 years, does your heart even want to leave the UK?  Would your husband move there now?  

[Hanxa 9]

Just now, Wuozopo said:

@Hanxa

 

Is it possible for the headmaster to look for a new teacher now that can be there for the kids for the whole term? Can you mutually agree to be let out of your contract because he finds a replacement who will teach the kids all year?  Then you can get on with married life?

I am wondering if you aren’t ready to start a new life in the US. With the talk of  going back until Easter and already planning on returning in 10 years, does your heart even want to leave the UK?  Would your husband move there now?  

Unfortunately this late in the year is really hard for recruitment. I don't mind the 'until xmas' bit and hubs and I knew that would be the case as we'll miss the May notice point. It's mostly for the kids that I'm even asking about Easter. And my HoD who has gone above and beyond to support me. 

 

I don't want to be here right now. A series of awful circumstances that have made it very hard to stay... It's out of a feeling of obligation that I'm considering the extra time. I don't want to let my kids down. But I need to leave. I can barely leave the flat and don't want to live my life constantly looking over my shoulder. I'm really looking forward to being with my husband and focusing on healing together... We both need that. We're not healing apart and have both recently been through several traumas. I'm almost done packing (started when I got the invite to interview) and, if we get the green light, am ready to ship all my stuff ahead of my physical move. My cat has her shots and I've got the airline route sorted, I think. The sooner I'm gone, the better. But with minimal impact on my classes if possible. Especially the exam classes who are incredibly worried about their GCSEs next year. I care about their progress and learning. I wouldn't be a teacher if I didn't. 

 

The long term plan with hubs is to move back to the UK in about a decade. Once his youngest is an adult, essentially. He doesn't want to stay in the US and loves London and I don't want to teach in the US for the rest of my working life. But he can't leave until little one is an adult, nor would I ask him to leave his kid/take him from his mum. Hence I need to think ahead and not burn bridges with schools as their memory is loooong. Also, given all their support at this time in getting me back to work, I don't want to screw them. I know I need to be selfish, but I can't be that selfish. 

[Mike E 11,742]

19 hours ago, Hanxa said:

Firstly - is this as big an issue as I think it might be?
Secondly, if not, what do I need to do to ensure I'm not abandoning my status. After that, I would be living and working in the US permanently..

As soon as you enter the USA, file I-131 to get a re-entry permit that lets you stay outside the USA for up to 2 years.  Don’t leave until you get the I-797 receipt.  When you get a biometrics appointment, return for that.  
 

You don’t need to wait for I-131 to be approved before leaving for up to 2 years (and realistically the permit will take a year to be approved anyway, long after you return to the USA for good).  
 

If you intend to naturalize as fast as possible, then in the middle of that 7 month absence, return to the USA. A bank holiday long weekend works.  This way you do not interrupt your continuous residency.  

[yoda one for me 322]

27 minutes ago, Hanxa said:

I don't want to be here right now. A series of awful circumstances that have made it very hard to stay... It's out of a feeling of obligation that I'm considering the extra time. I don't want to let my kids down. But I need to leave. I can barely leave the flat and don't want to live my life constantly looking over my shoulder. I'm really looking forward to being with my husband and focusing on healing together... We both need that. We're not healing apart and have both recently been through several traumas. 

Given what you wrote here it truly sounds like you should just work your notice period and then close the door on the UK until a future time that you are ready to return. It is absolutely admirable how much you want to help your school and how much you care about the kids you teach, but it also sounds like you've been through a lot and really need to be able to put this chapter of your life behind you. You will not be able to move on mentally and emotionally if you keep putting off breaking away 100%.

 

No one here is suggesting you be rude or purposefully awkward to your school. You're working out your contract to Christmas and that's as much as they can reasonably expect. In 10 years are people going to hum and haw and be all "well, she only worked her long notice period, what a useless teacher - let's not hire her!"? No, I don't think they would. 

 

So, given what you posted above, I truly think you should plan to be moved 100% by Christmas. For your own good, for the good of your family. Life in the UK will move on without you, the school will manage, and the kids will cope. Please don't hamper your chances of a fresh start and mental wellbeing by hanging onto UK life with threads of self-imposed guilt. Ultimately you are not responsible for the jobs, lives, actions, responsibilities of everyone else in this scenario. Your priority should be yourself and your family. Please give yourself permission to put yourself first.

[Hanxa 9]

21 minutes ago, yoda one for me said:

Please give yourself permission to put yourself first.

I don't know if I needed to see this but I'm hidden away in an office at school crying... I'm trying to look after my husband as he has arguably been through so much worse and I'm trying to get three classes through the last stretch rn along with supporting all of year 13. Putting myself first has never been an option... 

 

Thank you for this. I wouldn't expect working my contractual notice to be held against me... I'd hold it against myself. It is self-imposed. I know that... It doesn't assuage the guilt. 

 

But you're right. I can't move forward while I'm still here. I'm not sleeping. I'm barely able to function and I need to be the one keeping it together because everyone else relies on one thing or another and I'm worthless if I'm not able to support them. I can't fall apart... And yet here I am falling apart. 

[*Snowdrop* 604]

The best solution for you - cost and stress wise I think would be to work until Christmas and then move permanently to the USA.

 

But if you really feel you need to see out the whole school year then why not come to the USA to activate the visa just before you go back to school - last week in August? 

 

Come back to the USA for the full Christmas holidays, and again for the full Easter holidays. Then when you finally come back after the school contract finishes stay in the USA for a good chunk of time. 

 

Lots of people who have green cards and live in the USA have jobs which mean they travel extensively.