I-140 APPROVED Can I move to India & still apply for I-485 when the PD is current

[nagendrareddygv]

I have few scenario's regarding my H1B Transfer, Approved I-140. Please look into this and guide me or send me your suggestions & feedback.

 

1. I recently moved from Company A to Company B, but my I-140 is approved with Company A. I used Company A approved I-140 to transfer my H1B to Company B which got denied & the appeal is in process. I am planning to go back to Company A and my  H1B is valid with Company A till end of next year. Can I rejoin company A if I get a job offer from Company A with my exisiting Company A H1B document.

 

2. If I go back to company A on my old Company A H1B & if they ask me to work from India will my I-140 still be valid & can I file for my I-485 & other GC steps from India when the dates become current or the EB-2 priority date is MOVED to my current priority date (while working with Company A).

 

3. I move to Compacny C in India can I still apply for my I-485 or other GC steps with my approved I-140 from my Company A.

 

Please hlep me answer these scenario's as this will help me guide take future actions.

 

[pontevecchio]

1. If they want you to.

 

2. If they agree you can change to Consular Processing. AOS/485 etc. only apply if you are in the USA in status.

 

3. If A agrees. Just as a matter of interest why would they do this?

[nagendrareddygv]

Thank you for the response. Need more clarification on your response for the point number 2.

 

So even though my I-140 is approved with Company A & if I move back to India and when the dates become current I can not apply for Consular Processing or AOS/I-485 from India working for the same employer A. Is it mandatory to be in USA to apply for Consular Processing or I-485.

[pontevecchio]

You can change to CP. AOS implies you are here in the USA when the dates are current. Two separate sentences. For CP you have to provide proof of the job with A. If you are here and file AOS if the matter gets delayed you could use AC21 provisions and change your job in the same field. All this implies A is going to wait for you and keep a job offer intact.

[redgreenbluee]

please consult a lawyer.

 

if you are physically in the US, when PD is current, you will apply AOS to get GC.

 

if you are outside the US, when PD is current, you will apply CP to get GC.

 

in both cases, your employer has a job (future employment) for you once your GC is approved.

 

 

Thank you for the response. Need more clarification on your response for the point number 2.

 

So even though my I-140 is approved with Company A & if I move back to India and when the dates become current I can not apply for Consular Processing or AOS/I-485 from India working for the same employer A. Is it mandatory to be in USA to apply for Consular Processing or I-485.