Abby_New Posted June 29, 2019 Report Share Posted June 29, 2019 My NIW i-140 EB2 was approved and the approval notice shows me as the beneficiary. I am employed by a USA based fintech company. If after some years I move to India, will I still be able to keep my GC application alive and get GC (despite being in India)? Do I need to be in the USA for AOS or any subsequent steps or do I need to have valid employment in the US? Also, since NIW i-140 is approved, shall my employer stop the perm process already started or shall we leave it as it is? Quote Link to comment
pontevecchio Posted August 11, 2019 Report Share Posted August 11, 2019 What your employer does is his problem. Based on an approved NIW EB2, you can opt for Consular Processing and there is no reason why you cannot do this. Quote Link to comment
Abby_New Posted August 26, 2019 Author Report Share Posted August 26, 2019 Thankyou for the reply. Is it necessary to be with the same employer for atleast 180 days after approval of NIW i140 just like the normal i140 in order to retain my priority date? My employer is the petitioner for my NIW and I am the beneficiary. I heard from someone that 180 days rule does not apply to NIW cases. Thanks Quote Link to comment
pontevecchio Posted August 26, 2019 Report Share Posted August 26, 2019 By definition NIW does not need a job offer and it is always your application irrespective of who paid for it. Nothing to do with your employer. Touch base with a lawyer to discuss practicalities as you have a long wait for the PD to be current. Quote Link to comment
JoeF Posted August 27, 2019 Report Share Posted August 27, 2019 There is no employer sponsorship for RB2-NIW. You don't have to stay with any employer. All you need is working in the field when the GC is approved. Quote Link to comment
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