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About snrn

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  1. Thanks, I'm exploring consular processing as well but my company doesn't seem to support it at this point. Otherwise, fingers crossed my priority date stays when I come back. Thanks!
  2. I had planned for relocation to India this year (for family reasons) with my employer and come back to US in a couple of years. I'm currently on H-1B and now, my GC date is current for final action (EB2) but I may have to go ahead with relocation (too late to pull back). On consultation with company attorney, I'm told: 1. I may not be able to retain priority date (USCIS may or may not allow me to retain but it's not a given) since I'm leaving when GC is current for final action. 2. I'll have to re-apply for H-1 lottery since cap-exempt H-1 doesn't apply once GC date is current for final action. I talked to a different independent attorney who said H-1 may or may not have to go through lottery but I should be able to retain priority date (after doing PERM/i-140) unless some fraud was involved. Kind of in a very unpleasant situation. does anyone have more info on this? Would really appreciate any clarity.
  3. Thanks for the response! I just read up a little bit on the Packet system. My I-140 was filed for Adjustment of Status. I believe I will have to file I-824 to port my i-140 for Consular processing. A couple of more questions: - Would NVC send me Packet 3 only after filing i-824, or do they find my foreign address from AR-11 that I may file on my move outside US? - Can I delay filing i-824 or responding to Packet 3 if I'm not ready for Consular Processing (if I'm waiting for marriage, or employer needs me to wait for position to open up etc.)? I'm looking to avoid the one year expiration time after Packet 4. - Is Consular Processing more risky than Adjustment of Status, since an attorney may not accompany me for Consular Processing interview. I'm an applicant from India. I know it depends, but I'm looking for opinions. Would appreciate your inputs. Thanks in advance!
  4. snrn

    H1B Stamp with Old Approval

    Thanks for the response! I have GC application with priority date June 2010 in EB2. I read H1B may not be renewed/issued once final action date is current. Is this true? I checked with two attorneys and got conflicting opinions. One said H1B would be renewed for 1-year instead of 3-years, and the other said H1B it would not be issued/renewed when final action is current. I know I'm not seeking legal opinion here but I would appreciate any inputs! I could go for consular processing when my priority date is current if my old employeer is willing, but I'm trying to see if I can come into US for AOS with a different employer on H1B. Thanks in advance.
  5. Hi, Anybody has any opinions or knowledge on this? I'm also wondering if not renewing EAD may render the GC-application/i-140 invalid.
  6. I'm planning to take a two year break and move back to India, and plan to re-enter US with the current employer later. My current H1B visa expired but the new H1B approval is valid and will remain valid for close to 3 years (renewed beyond 6-years based on i-140). If I plan to get H1B stamping after two years, close to my time of re-entry, can there be an issue in getting the visa stamp (assuming same job/location/company etc.)? Or is it better to get H1B stamped now (a short travel sometime before my moving back) if it can help me re-enter later? Thanks in advance.
  7. I'm interested in knowing about this as well. My understand is that Consular Processing is only getting green card based on 'final action date'. Can it also be used for filing AOS/I-485 based on 'date of filing', and getting EAD? In any case, I believe we need an offer letter from the original employer whose I-140 would be used for AOS, right?
  8. After my research, these are the answers to my questions I believe. Please correct or add to this if needed: 1. One can apply for CP within a year of GC date becoming current for 'final action' beyond which NVC could probably put a request to USCIS to revoke (if that's the term) the I-140. However, this may or may not happen, and the I-140 may still be active for AOS beyond the 1-year period but not don't think one qualifies for CP beyond that. No authentic information here since opinions from a couple of attorneys seem to differ. 2. Same as above I have a new question if someone could help reply: - Is there value in applying for EAD but not AP, and then relocating to India? The EAD may expire eventually but does it help in anyway for re-entry or if final action date becomes current when I'm living outside US? Thanks!
  9. Hi, I was arranging for my move back to India for 2 years with my current employer when the Oct bulleting was published. My PD is June 2010 on EB2, I'm currently on H1 beyond 6 years. If the date for final action becomes current for my application when I'm outside US, I understand I can go for Consular Processing for green card if my employer helps. 1. Would my GC application and I-140 expire after a certain time if I don't go for CP or not able to come back to US within a year or so? 2. Is there a way to keep my GC application active for a while while working in India when PD goes current (that way I believe I can get H1 out of cap based on old i-140)? 3. If PD becomes current for my date but regresses later, is there an impact to the 'expiration' date for my GC application? Thanks in advance.