Keeping I 140 alive outside the US

[satsr]

I have an approved I 140 with priority date in 2012. While I wait to file I 485 sometime in the next few years, I plan to move to another country to keep my permanent residency there current. There are two scenarios here: either my current employer finds me a position in the other country or I change my employer.

If I need to change my employer, is there a way to keep my I 140 alive in the US? It's unlikely that my employer would cancel my I 140.

Some people have suggested that my current employer should be willing to write a letter stating they are willing to employ me in future. But there's no real guarantee that might happen, so what are other possible options, if any?

[pontevecchio]

The I-140 remains alive unless revoked.

[satsr]

Thanks for your response. Would I be able to file an I 485 when my PD becomes current while staying outside the US? If yes, could you tell me how that could be done? Will I have any dependency on the US employer who had held my work visa and filed my approved I 140?

[pontevecchio]

AOS/I-485 does not apply when you are not in status in this country and hence you cannot file for AOS. You can change the Case to Consular Processing by doing the necessary paperwork. For CP you need the job for which the GC was filed to be available to you. Which country are you migrating to?

[satsr]

I'm planning to move to Canada to keep my residency status there. For CP, would I need to change my approved I 140 from AOS to CP? Is there a process for that?

If I have to quit my current employer before my move, is the only dependency the offer letter they would need to provide? Is there anything else I should be aware of?

Thanks again for your response.....

 

 

[pontevecchio]

https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing.

Once your PD is current the employer will need to provide a current certified employment letter to take to the Interview.