Changing I-140 AOS to CP from Outside of USA

[dolblathanna]

I am an Indian national, was working in the US, have an approved I-140 with Adjustment of Status (AOS), L1 visa has expired, and now I’m moving back to home country this week to work for the India branch of the same US employer. My long term wish is to come back to US with a Green Card but not necessarily when my Priority Date becomes current.

1. Can I change the I-140 to Consular Processing (CP) while residing in India, so that I have the flexibility to choose when to move back to the US?
2. With CP can I get the GC while I am residing in India or do I need to move to the US with an employment visa first?

Thanks for helping!

[Dsriman]

I'm in a similar situation, I'm on EB1, my I140 got approved after I travelled back. AS well my priority date is current . To change to CP you have to file I-824 which can be done only by the petitioner and not by the beneficiary is what I understand. 

My petitioner does not support CP.   In your case you have to check if your petitioner is ready to do I-824 for your petition to be converted to CP. 

 

And I understand I140 will become invalid after one year of being current if no action is taken 

Can I get some help if I have any options

 

[JoeF]

If the petitioner doesn't support filing an I-824 you may want to think about finding another employer. Your current petitioner obviously doesn't care much about you...

[SAM SINGH]

Hi ,

 

As, I heard about approved I-140 if you not file AOS or CP it will be invalid after 1 year if your PD is current. I m not sure about this few of attorney said. Please check your Attorney i am on the same boat finally My employer filed I-824 in December 14 2020 still not approved my I-824. i wanted to know the timeline for I-824 here if any one has experience about I-824 how long uscis took to get it approved.