I 140 approved. Do I need to stay in US till PD is current

[vrvk]

Hi,

My I 140 is approved. My PD is Oct 2011.

Can I go to India with the same company for 1.5 years in India office and come back. I am hoping that I will be able to come and file for I 485 at that time.

Will the GC process be affected in any way?

Please advise.

Thanks!

[omshiv]

Yes you can go and come back...your GC would not be affected...but you dont say which category you are in..

 

Assuming even if you are on EB2. dreaming of filing I-485 after 1.5 yrs with a PD of Oct 2011 is is keeping your hopes high.

[vrvk]

Thank you for your reply!

Yes , I am in EB2. You are probably right about the waiting period for Oct 2011 PD. What do you think is realistic? :)

[Belle]

No. You don't need to be in the US for the green card process.

[vrvk]

Thank you Belle! I think you meant,I dont need to be in the US until PD becomes current.

 

My understand is that I 485 needs to be filed while in US. Is this correct?

[geethb]

You can file 485 from India using Consular Processing

[omshiv]

You can file 485 from India using Consular Processing

That's incorrect! 485 can be filed only when in the US. Outside its CP

[Belle]

Thank you Belle! I think you meant,I dont need to be in the US until PD becomes current.

 

My understand is that I 485 needs to be filed while in US. Is this correct?

AOS for those in the US. CP for those who stay outside the US. So, no, you don't need to be in the US to get your green card approved.

[vrvk]

Thanks!!