I-140 Approved EB2. Can I leave the country?

[praveen2782]

Hello -

Please advise on this..anyone.

My priority date is Jan 5th 2011, I-140 was approved on April 29th 2011. I have opted for AOS when the PD become current.

Question - Can I leave the country now that the I-140 is approved & work in India with a different company? I have to leave for personal family reasons. My Employer in the US is willing to not revoke my I-140. If he keeps my I-140 active can I go for an Consular processing when the PD become current?

What is expected of my employer to keep this GC process going, in my absence here in the US? Please advise.

[worthlesswait]

This question is very clsoe to my heart. I am also in the same boat and honestly would like to work for 2-3 years for the same company in Europe to further expand my skills. Can I apply for AOS when my PD becomes current?

[Joe.F]

AOS is only possible if the person is in the US in valid status.

If a person is outside the US, only Consular Processing (CP) is possible.

If the person is abroad, CIS should forward the approved I-140 to the National Visa Center (NVC), which would then contact the person when the PD is about to become current. It would be a good idea to have the I-140 amended for CP if the person wishes to go abroad for a while. I suggest discussing this with your lawyer.

[praveen2782]

Thanks guys!

This is indeed a puzzling situation, now that the I-140 is approved under EB2. I have been planning for quite sometime to get on move out of the US work & stay with my parents for a few years back home. Has anybody been in this situation before? I'm sure there are cases where people stay out if US for a while. anyone ? please share your experiences..if you can that! :D