I-140 approved while in India

[manav98 0]

Hi

 

My I-140 was approved while I was in India on May 20th 2014. I had leave the US in January 2014 because at that time I did not have an approved labor cert or I-140 and my 6 years on H1B were complete. 

 

My question is, can I stay on in India till my priority date is current? My employer is willing to continue my green card processing while I am in India and offer me employment when my PD becomes current or whenever I want to go back. 

 

Any help would be great!

 

Thanks

[itsmeusa 0]

You could ask your employer to file H1b extension based on I-140 approval and come back to US. OR

You can wait in India for PD to become current. Make sure if I-140 is filed with AOS, then you need your employer to file I-824 to transfer the case to NVC. If I-140 is filed as consular processing, then you don't need to do anything.

[omshiv 0]

Yes, you can stay in India till your PD is current. Why don't you convert to CP instead of AOS. Get your GC when your PD is current while in India and then go to the US on GC.

[jairichi 0]

Yes, your plan sounds good.

[rmelam 0]

_{I am almost in the same situation. My I140 got approved, when i was in USA and based on that i got my 7 year H1B petition approved, Later  i came to india on emergency and later when i applied for the 7 year visa in Hyderabad Consulate , its got rejected based on 221g.This all happened on Sep 2011.} 

_{I was staying in India Since Sep 2011, and later joined  Software company in Hyderabad.I am still working in India for the software company 2.}

 

_{Now i see that the Priority date is almost going to fall under Current in the next bulletin. Is there is any chance that my USA Employer, who holds the I140, can apply for AOS or  file I-824 to transfer the case to NVC, and then get the GC.}

 

_{Please advise.}

 

_{I checked with my previous USA employer , he said he did not cancel the I140.Said he will see what he can do.}

 

_{Please help, and provide me the details on this.}

[rmelam 0]

_{I am almost in the same situation. My I140 got approved, when i was in USA and based on that i got my 7 year H1B petition approved, Later  i came to india on emergency and later when i applied for the 7 year visa in Hyderabad Consulate , its got rejected based on 221g.This all happened on Sep 2011.} 

_{I was staying in India Since Sep 2011, and later joined  Software company in Hyderabad.I am still working in India for the software company 2.}

 

_{Now i see that the Priority date is almost going to fall under Current in the next bulletin. Is there is any chance that my USA Employer, who holds the I140, can apply for AOS or  file I-824 to transfer the case to NVC, and then get the GC.}

 

_{Please advise.}

 

_{I checked with my previous USA employer , he said he did not cancel the I140.Said he will see what he can do.}

 

_{Please help, and provide me the details on this.}

Please some one reply on this.

[jairichi 0]

_{I am almost in the same situation. My I140 got approved, when i was in USA and based on that i got my 7 year H1B petition approved, Later  i came to india on emergency and later when i applied for the 7 year visa in Hyderabad Consulate , its got rejected based on 221g.This all happened on Sep 2011.} 

_{I was staying in India Since Sep 2011, and later joined  Software company in Hyderabad.I am still working in India for the software company 2.}

 

_{Now i see that the Priority date is almost going to fall under Current in the next bulletin. Is there is any chance that my USA Employer, who holds the I140, can apply for AOS or  file I-824 to transfer the case to NVC, and then get the GC.}

 

_{Please advise.}

 

_{I checked with my previous USA employer , he said he did not cancel the I140.Said he will see what he can do.}

 

_{Please help, and provide me the details on this.}

Please some one reply on this.

AOS can be done only while you are in US. But, certainly consular processing can be done. 

[itsmeusa 0]

Your employer can file I-824 to transfer your case from USCIS to NVC. You can't file AOS (I485) as you need to in US to file that application.

[ravi6775 0]

I moved to India last year 2019 and my previous  Employer is no longer sponsoring at the moment with EB2 priority date 0ctober 21 2010.

what are my options of using it can I process while I am in India?

Can I opt consular processing if any Other employer is willing to sponsor me? What would be the steps?

Do you know any one who can help me doing paperwork?
 
Thanks

[JoeF 7]

For Consular Processing you need a notarized recent job offer letter from the employer who filed the I-140.
If you want to go with another employer the process has to start from scratch. You keep the PD, though.