Approved I-140 but work in overseas


venkitta

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Posted

Here is my situation

1) 7th Year on H1B Visa
2) I-140 approved and waiting for priority date becomes current

 

Scenario1:  Work location : Toronto, ON, Canada,
Questions:
1) Will my existing status affected?. 
2) Is there any time limit to stay outside US while my case is pending (Until my priority is current)
3) Will I lose my priority date or any other status? 
4) Can my employer fie my I-485 from Canada when the priority date becomes current?

 

Scenario1:  Work location : London, UK
Questions:
1) Will my existing status affected?. 
2) Is there any time limit to stay outside US while my case is pending (Until my priority is current)
3) Will I lose my priority date or any other status? 
4) Can my employer fie my I-485 from UK when the priority date becomes current?

Your response is greatly appreciated

Thanks
-Venkitta

Posted

I-485 aka AOS CAN ONLY be filed while you are in status in the USA and the dates are current. In your case you will most likely do Consular Processing at some point of time unless you return here in status. Feel free to arm yourself with knowledge on the USCIS site or GOOGLE or talk to your HR.

Posted

Thanks. I understand from internet search that, I have to go through Consular processing but my question is, since GC is for "future employment" should I continue with my current employer when I go through current employer or do I have to start all over again (Labor, I-140) if I work for a different employer from overseas?

 

Appreciate your help

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