GC - I140 approved - 485?

[rani1876]

Hello

My I-140 is approved, priority date is Nov 2009 in EB-2. I am on H1B. I have the following question if incase my next H1 extension is not approved and I have to return to India -

When my priority date becomes curent can my employer still apply for my I-485 even though I am not on H1 and back in India.

Please suggest.

[Belle]

First, employer cannot file I-485 - only you can. Second, no, you can't apply for I-485 while not in the US. You must be in the US to apply. What you may choose is consular processing of the green card. Last, why do you think your H1 won't be extended? You have your I-140 approval, so extention beyond 6 years should not be a problem.

[pontevecchio]

Once you are not in the USA you can opt for CP as AOS is not possible. What makes you think getting a H1 extension will be harder than having got the I-140 approved.?>

[rani1876]

Thanks Belle and pontevecchio for youre responses.

There is no reason why my H1 should not be extended. I work for a service based IT company. I am just considering the remote possibilities of not making it through seeing some unlucky situations and being prepared for what I can do next.

I have a follow up question --

In the scenario that I have left the country and no longer on H1 with my employer in US (and they still being interested to continue my GC process)

- Can I file my own I-485 under CP (Consular processing) from India and still be on track with my GC process?

- Do I need to take any additional steps to ensure I have no issues in the process

- Do you think it can work out smoothly

Pls suggest

Thanks

[dm_neo]

This is a good topic and i'm looking for answers for the same scenario.

[pontevecchio]

I485 aka AOS is the polar opposite of CP. Assuming your GC sponsor continues to be willing you can opt for CP which means an Immigrant visa in your local consulate after the dates are current. If you are in this country when the dates are current and in status you can file AOS.

[Belle]

No. It is either CP or AOS/I-485.

You need to keep the job offer from the employer.

Sure. Have worked for many people.

Now, my next question is whether you are really satisfied with the job, and whether you want to consider changing the employer to extend your H1 and start a new gree card process (or possibly go back to your old employer after your green card is filed or approved)?

[rani1876]

Thanks for the input friends.

I am satisfied with my current job on H1. I am just considering the scenario of going back to India if something goes wrong with my H1 extension. (Just wanna be prepared)

I do not want to file a new GC all over again with a new employer even though my PD is usable since its past I-140.

So, I would go back to India after leaving my H1 job from my employer here. And wait till my PD is current and file CP in India while keeping the GC job offer from my current employer. I assume thats workable?

Am I correct?

Pls suggest

[pontevecchio]

Yes if the objective is to come back to work for this company in future after the dates are current and you get your IV and the employer is also fine with this arrangenment.

[rani1876]

Thanks!

btw...What is IV ?

[pontevecchio]

Immigrant visa