PD Current, I 140 Approved but have been outside the US for a few years now.

[Essen]

 

1. Priority Date : Current 

 

2. I-140 : Approved and remains Valid

 

3. H1B Visa received : 2000 to 2006 + Extension 1 - 2006 to 2009 (Stamped in Passport) + Extension 2 - 2009 to 2012 (Not stamped in Passport)

 

4. Left the US to India in 2010.

 

5. In India since 2010 till present (2015).

 

6. Same employer throughout this time.

 

What are the different options to get back to the US and start working? The same employer is happy to resume employment and under go necessary immigration procedures.

 

Any advice would be greatly appreciated. 

[pontevecchio]

Your OPTION is to get a Good Law Firm onboard and guide you accordingly. Did you opt for CP or not when the I-140 was filed? If your job is intact then get the Firm Of Murthy involved ASAP and they can lliase with the employer.

[Essen]

I was hoping my post would be swamped with replies with all kinds of answers and suggestions but.. :) Need not be a legal advice of course,  but I am looking for some recommendations. Can someone help? 

[ashuneel]

Go for consular processing.

[Essen]

Will certainly involve a good law firm. However it would really help to know the following...

 

Adjustment of Status was opted with I-140.  

 

1. Is it possible to get H1B based on approved I-140 (note the PD is current based on EB3) and then apply for AOS while in the US? 

 

2. Is it better to apply for Consular Processing while in India?

 

3. Seems shifting to AOS to CP takes a long time. Is there a way to shorten the time? 

 

Appreciate the inputs pontevecchio and ashuneel. 

[pontevecchio]

1. No. Your PD is current.

2. Apply for an IV at the relevant Indian consulate. Have a Lawyer take care of the paperwork.

3. In some cases it is possible.

 

Assuming you do have the job available then once the necessary paperwork is done you are practically guaranteed an IV.

[Essen]

Glad to know about the option of IV. Appreciate the encouraging response pontevecchio. 

 

Please pardon my ignorance. I assume in your reply above, #2 and #3 are two separate options available. 

 

#2 - Get E3 Immigrant Visa and then eventually apply for GC via Adjustment of Status. 

 

#3 - Be in India and apply for GC via Consular Processing.

 

a. Are my assumptions correct? 

 

b. Which is a quicker way to get me to be able to work in the US?

 

c. Which is a quicker way to get the GC? 

 

Thank you for all the help! 

[pontevecchio]

Let me simplify it. Consider the possibility of Consular Processing. If not find a H1 sponsor to file a Cap subject H1 this year.

[Essen]

Ok. Thanks a lot for the help. Much appreciated. 

[pontevecchio]

Let us know what happens. Best of Luck.

[Essen]

Sure.. Will do. Thank You.