I-140 approved, relocating to India

[leovikrant]

Hi,

 

I have an I-140 approved through my current employer under EB3 category. Unfortunately, due to family problems in India, I have to relocate to India for a few years. The Priority Dates for EB3 are another 8-10 years from now (my PD is May 2013). 

 

- What are my options to keep my GC processing going even while in India?

- Since my current job is a US job, once I go to India I will have to resign from this company. What will happen to my I-140?

- Is Consular Processing an option for me without a US job in hand? I have seen some posts talking about starting Consular Processing from India, how does that work?

 

Thanks in advance!

[cap-gap]

if your current employer is not gonna keep your job available for your when your PD becomes current, consular processing is not gonna help you at all..

[JoeF]

For CP, the job has to be available to you, and you need to have a notarized job offer from the employer when the PD becomes current.

[leovikrant]

Thank you for your replies!

I understand that I need to have a job offer at the time when my PD becomes current to use Consular Processing. Does the job offer need to be from the same employer who files my I-140, or can it be from some other employer?

[JoeF]

Thank you for your replies!

I understand that I need to have a job offer at the time when my PD becomes current to use Consular Processing. Does the job offer need to be from the same employer who files my I-140, or can it be from some other employer?

 

For CP, it has to be from the same employer.

[UCR]

what if someone has an i 140 based on self petition - NIW occupation?  for eg - i worked for 5 years in an underserved area to fulfill the need for NIW green card requirement. I have all the credentials to be self employed in an underserved area. but since I am from india - who know when the PD is going to become current.  In this situation - can i go to India and change to consular processing? and wait there until priority date becomes current without loosing place in line?

 

 

[pontevecchio]

Yes. A better idea is to come back in H1 status and work here while awaiting the PD.