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SunJune

MOVING TO DIFFERENT COUNTRY AFTER NIW APPROVAL

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Hi,

I got EB2-NIW approved way back in June 2018. I applied on my behalf, not my employer.

I asked a similar question before, but now my question is, can one move to a different country (India, Canada, UK) without affecting NIW approval?

What are some of the precautions that one can make?

Thanks
 

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On 4/28/2019 at 9:13 PM, SunJune said:

Hi,

I got EB2-NIW approved way back in June 2018. I applied on my behalf, not my employer.

I asked a similar question before, but now my question is, can one move to a different country (India, Canada, UK) without affecting NIW approval?

What are some of the precautions that one can make?

Thanks
 

It appears you are saying that your EB2 NIW I40 was approved

Depending on your country of birth if you have to wait for filing I-485 (due to priority date not being current), then you can always leave the US and come back when the priority date would be current to file for your I-485. This should not effect your green card process in anyway

Generally you will know about 2 to 3 weeks in advance when your priority date will be current and you can make travel plans to come here as long as you have a way to enter (visa, approved petition like H1 or L1 or other supporting dual intent)

Alternatively you could file for consular processing of your case and you will be called for interview typically in your country of residence at the time your priority date is current

The advantage of filing I-485 without consular processing is you could continue to stay and work in USA based on EAD and EAD renewals fee is included in the I-485 filing fee

The advantage for Consular processing is the ability to stay abroad until your case is finalized for green card and of course the fact that you do not need to have a visa to come to USA during your stay abroad

You can choose whichever is the best option for your needs

 

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