Krishnan_Dh Posted July 23, 2019 Report Share Posted July 23, 2019 Hi - I have an approved I140 and my priority date is March 2011. My H1 expires March 2020. I was thinking of going back to India for 2-3 years and then coming back. My queries are: 1. Do I need to be in USA to file for I485 if and when my PD becomes current ? 2. What if I do not have a valid US visa to travel when my PD is current and does it have to be a L or H1B visa ? Thanks, Krish Quote Link to comment
JoeF Posted July 23, 2019 Report Share Posted July 23, 2019 An I-485 can only be filed if you are in the US in valid status. If you are abroad you can go for consular processing,but the original job still has to exist. Quote Link to comment
pontevecchio Posted July 23, 2019 Report Share Posted July 23, 2019 1. You can opt for Consular Processing if the original job will be still available 2. You can come over in H1 status and then look for a similar job to avail yourself of AC20 provisions. Quote Link to comment
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