Can I have some guidance


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I am working on a H1B visa.

The employer has initiated my GC in the EB2 category and I have an approved I-140 petition in hands.

My H1B visa is valid up to September 2014 (Years 7 to 10)

At present I am waiting for the priority date to become current so that I can file form I-485.

My priority date is March 2011.

  • I may have to move back to my home country for personal reasons. This means I will have to resign from my current job. This will be a temporary move and may last for 2-3 years.
  • If my employer is willing to hold and continue with GC petition, what happens at the Government's end?
  • Does it get voided since I will no longer be employed at the company who filed my GC?
  • Since GC is typically for future employment, is there a way that it could continue even when I will be in my home country and not employed with the petitioning employer?
  • Can this process be continued?
  • Say after 2 years when the date is current. Can I-485 be filed?
  • What are my options here?

Thanks in advance for your inputs.

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Additionally, if the job offer will remain valid and you expect to return to the U.S. in H1B status either when your priority date is current, or prior to your priority date becoming current, there is nothing additional you need to do at this time. If you would like to discuss this in more detail it is advisable to speak directly with a qualified U.S. immigration attorney.

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Thanks omshiv and Attorney_22

omshiv, can you please elaborate what do you mean by "also you don't need to resign"

My understanding is once I leave the USA, I will no longer be employed by my current employer, hence I wrote that I will be resigning.

Attorney_22, I will definitely seek professional help at the appropriate stage.

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