I-140 approvedt/I-485 pending/ Moving to India


sammy.s.a

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Originally posted by sammy.s.a:

State: I-140 approved, I-485 pending,valid AP/EAD, need to leave the job the GC was filed for and move to india for a new job

Question:

- how can I keep my GC application valid until my Priority Date becomes current ?

As long as the employer does not revoke your I-140, your application is valid.

But when your priority date becomes current, you can file I-485 only when you have docs to show that you are still employed with your sponsor.

Again, if you choose another employer to continue your green card processing, you can retain your earlier priority date.

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Originally posted by sammy.s.a:

State: I-140 approved, I-485 pending,valid AP/EAD, need to leave the job the GC was filed for and move to india for a new job

Question:

- how can I keep my GC application valid until my Priority Date becomes current ?

Well for EB3 and EB2, the GC is tied to your company. You could continue using Consular processing if your current company will hire you back. Or file a new labor/I140 with another company that can do CP and transfer PD.

If you're planning on working in India, why do you want to come back to the US?

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  • 9 months later...

@northwest.bobby

when a person is not present in the US, they cannot file for I-485, instead file for consular processing (CP) that involves attending an interveiw at the home-consulate/embassy and getting a green card approval. for more information on this, read up on Consular Processing from the internet.

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