Counslar processing while in India

[Randy9]

Hello All, Due to h1 rejection I moved to India in 2019 my GC was applied & I have a priority date of June 2012. Now that the date will be going to be current in October 2020 . Can I apply for counslar processing from India - can any one help with the process

 

Many Regards

[ArunN]

My case is also bit similar, I am the primary H1 holder in US and my wife (H4) is in India, couldnt find a way to initiate process for her.

she cannot come to US at this time, any options/suggestions please let me know

Thanks in advance 

[JoeF]

For CP, if it wasn't specified on the I-140, you have to file an I-824 to change to CP.

Same thing for a spouse for the follow-to-join process. An I-824 is required.

[pontevecchio]

You can only apply for CP if you intend to work for the original GC sponsor.

[jainveenit]

Could you share where it is written in the Law? Which clause? 

 

Thanks,

[JoeF]

9 hours ago, jainveenit said:

Could you share where it is written in the Law? Which clause? 

 

Thanks,

It is the default in the law. The rule that allows changing jobs after 180 days only applies to a pending I-485. With CP there is no I-485, hence you have to start working for the employer who filed the I-140.

Edited October 5, 2020 by JoeF

[tal2012]

On 9/30/2020 at 9:13 AM, JoeF said:

For CP, if it wasn't specified on the I-140, you have to file an I-824 to change to CP.

Same thing for a spouse for the follow-to-join process. An I-824 is required.

@JoeFand/or Friends Thank you very much for clarifying. I have similar situation, but I am currently working from India on US payroll and with same employer who files my I-140. My PD is June2012 (EB-2). So what are my options here? If I-824 is filed in say next couple of weeks, and if PD becomes current (Filing Date), what happens? And also, if dates retrogresses in following month, at the time of processing of the I-824, what happens? I am very new to these kind of things so may be asking stupid questions. I would appreciate your thoughts / comments. Thank you in advance.