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EAD for people living in India

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        I worked in US for 11 years on H1B visa and my Green Card priority date which was filed in Mid of May 2010. Due to family issues I opted India option from my employer and right now I am working in India with the same employer. My H1B work permit expired on 3rd October 2018. Can I apply for New H1B without entering into Lottery system as my Green card processing is in progress. By the way My I140 is approved in both EB3 category and EB2 category as my employer initially applied in EB3 in 2010 and in 2016 he applied for EB2 and both the I140's are approved. But my employer say's he has ported my EB3 to EB2 in 2016.

Now if my priority date hits Mid of May 2010 and since my EB3 priority date is in Mid of 2010, can I go ahead and apply for 485 (But right now I am in India with my family as mentioned above). Or should I go for counselor processing.

I have an option of applying for H1B without entering into lottery system, I can try from my employer for H1B again. In the case if I can get H1B and go to US before filing counselor processing and apply 485 in US, which option is better (need your suggestion).


Kindly guide me and provide me an advice.

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You are cap exempt as regards the H1 petition, obviously only needed if you are coming over to join the employer.

AOS cannot be done while you have no status as you are abroad.

CONSULAR processing would be the way to go for you. It is faster and relatively foolproof . Ask your employer what he wants. It may not be your decision to take.

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