Consular process option for EB1(My 140 is already approved)


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My I–140 was approved in EB1 category in 2018 through my employer XYZ- US Corp, priority date is 05/17/2018.
Right after approval of 140, my L1A extension got denial and that time Visa bulletin was not current for EB1. Hence I have to return back to India.

Currently I am working in XYZ-India Corp which is subsidiary and after 2018 incident, I have NOT followed up with our immigration team on my further GC process due to Visa bulletin was not current and COVID-19.


Few months back, I was trying to initiate L1 but it seems Org has stopped L1 process from last year due to COVID and not sure when it will be resumed.

1. In Parallel, I want to explore Consular option for my GC, could you please evaluate my case and let me know whether I should initiate the process now or not ?

2. While checking online on document requirements for Consular processing option, I found that "Updated job offer letter from your employer" required, not sure whether I need to get it for my current Org XYZ-India Corp for my current employer or future job offer from XYZ-US Corp ?

Below was a replay I received from our XYZ- US Corp immigration team while checking for Consular option in Dec 2018 -
 
 "While Consular Processing is a “legal” option for the I-485, for the Employment Based sponsorship and the EB-1 I-485 requirement of providing an attestation from the petitioning company (XYZ- US Corp) that you are working for that petitioning company.  Since you no longer have valid work authorization in the US and need to depart the US, we cannot attest that you are working for XYZ - US Corp.  Once you regain legal work authorization for the US, you can return to the US and then we may continue with the EB-1 I-485 filing provided the priority dates are current and you meet the eligibility at that time."

Please let me know if required more details.

Note : For confidentiality purpose, I have kept my Org name as "XYZ". 

XYZ- US Corp is parent company and XYZ- India Corp is subsidiary

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On 6/21/2021 at 9:35 AM, ajoopatel said:

My I–140 was approved in EB1 category in 2018 through my employer XYZ- US Corp, priority date is 05/17/2018.
Right after approval of 140, my L1A extension got denial and that time Visa bulletin was not current for EB1. Hence I have to return back to India.

Currently I am working in XYZ-India Corp which is subsidiary and after 2018 incident, I have NOT followed up with our immigration team on my further GC process due to Visa bulletin was not current and COVID-19.


Few months back, I was trying to initiate L1 but it seems Org has stopped L1 process from last year due to COVID and not sure when it will be resumed.

1. In Parallel, I want to explore Consular option for my GC, could you please evaluate my case and let me know whether I should initiate the process now or not ?

2. While checking online on document requirements for Consular processing option, I found that "Updated job offer letter from your employer" required, not sure whether I need to get it for my current Org XYZ-India Corp for my current employer or future job offer from XYZ-US Corp ?

Below was a replay I received from our XYZ- US Corp immigration team while checking for Consular option in Dec 2018 -
 
 "While Consular Processing is a “legal” option for the I-485, for the Employment Based sponsorship and the EB-1 I-485 requirement of providing an attestation from the petitioning company (XYZ- US Corp) that you are working for that petitioning company.  Since you no longer have valid work authorization in the US and need to depart the US, we cannot attest that you are working for XYZ - US Corp.  Once you regain legal work authorization for the US, you can return to the US and then we may continue with the EB-1 I-485 filing provided the priority dates are current and you meet the eligibility at that time."

Please let me know if required more details.

Note : For confidentiality purpose, I have kept my Org name as "XYZ". 

XYZ- US Corp is parent company and XYZ- India Corp is subsidiary

Hi There,

I also have a similar case. But it is for EB2 category. My company is not clear on the process and told to hire attorny. But being in India How can I initiate a Consular processing. So, looking advice to initiat Consular processing

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  • 2 weeks later...
On 6/23/2021 at 12:17 PM, dpanda said:

Hi There,

I also have a similar case. But it is for EB2 category. My company is not clear on the process and told to hire attorny. But being in India How can I initiate a Consular processing. So, looking advice to initiat Consular processing

what is the priority date for you...is it current ?

 

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