EB2 i-140 approval for Consular processing

[gozzu]

Hi, 

 

I'm new to this forum. I have my gc in filed under EB2 and it's still in process.  My i-140 is almost approved. My h1 however expires at the end of the year. 

If i need to go back to India with the same company, can I still have my GC process ongoing or will it get revoked? 

Also, if I'm in india, can I get consular processing done after my i-140 is approved? 

What are the rules related to relocation when your GC is still being processed?

 

Any help will be appreciated. 

 

thanks,

gozzu. 

[jairichi]

Hi, 

 

I'm new to this forum. I have my gc in filed under EB2 and it's still in process.  My i-140 is almost approved. My h1 however expires at the end of the year. 

If i need to go back to India with the same company, can I still have my GC process ongoing or will it get revoked? 

Also, if I'm in india, can I get consular processing done after my i-140 is approved? 

What are the rules related to relocation when your GC is still being processed?

 

Any help will be appreciated. 

 

thanks,

gozzu. 

There is nothing called almost approved. It is either approved or denied. Yes, your GC process can proceed as long as employer does not revoke it. After I-140 is approved your employer can file for H1B extensions every 3 years and with a valid H1B visa and new I797 you can enter US.

[Attorney_25]

The GC process can continue while a person is in any status, has no status, or is outside the US. The person does not have to be working for the sponsoring employer for the process to proceed, although there needs to be a real job offer.

 

If the I-140 is in process or approved and the I-485 has not been filed, and the employer withdraws the I-140 then the process will stop, although the employer could re-start it by filing another I-140.

 

In general, travel does not affect the GC process. Exceptions: 1) If outside the US on the date of I-140 filing, the I-140 must be filed for consular processing; 2) The person must be in the US on the date of filing of the I-485 and generally must remain until advance parole is approved.

 

Consular processing is the alternate to filing the I-485 and involves interviewing for an immigrant visa (IV) at a consulate. It can be selected whether a person is in or out of the US.

[Green4ever]

Hi Attorney_25,

 

I would like to consult with you regarding my approved I-140 case for pursuing green card via consular processing. Please email me at regmishra@gmail.com ASAP on how to go about doing this. My case is similar to the one you responded to the below (or above). Thanks!

 

The GC process can continue while a person is in any status, has no status, or is outside the US. The person does not have to be working for the sponsoring employer for the process to proceed, although there needs to be a real job offer.

 

If the I-140 is in process or approved and the I-485 has not been filed, and the employer withdraws the I-140 then the process will stop, although the employer could re-start it by filing another I-140.

 

In general, travel does not affect the GC process. Exceptions: 1) If outside the US on the date of I-140 filing, the I-140 must be filed for consular processing; 2) The person must be in the US on the date of filing of the I-485 and generally must remain until advance parole is approved.

 

Consular processing is the alternate to filing the I-485 and involves interviewing for an immigrant visa (IV) at a consulate. It can be selected whether a person is in or out of the US.

[rahul412]

Hi Attorney_25,

 

I would like to consult with you regarding my approved I-140 case for pursuing green card via consular processing. Please email me at regmishra@gmail.com ASAP on how to go about doing this. My case is similar to the one you responded to the below (or above). Thanks!

If you need help then contact them directly. Email is just waste of time.

[pontevecchio]

Green4ever

 You need to call the firm and set up an initial phone appointment and then move on.

[Carlin]

Hi Attorney_25,

 

Thanks for your reply. I want to relocate to India for a couple of years for personal reasons. I'll most likely work for the same company while I'm there. My priority date is in Feb 2013 so it'll be a while [almost 10 years according to the current EB2 priority date for India] before I get my green card.

 

So if I stay in india while I'm with the same company but on temporary job relocation, will it complicate my gc process if i need to come back? Can I get my gc done through consular processing while its still in the i-140 stage? 

 

 

thanks,

Abhay

 

 

 

 

 

 

The GC process can continue while a person is in any status, has no status, or is outside the US. The person does not have to be working for the sponsoring employer for the process to proceed, although there needs to be a real job offer.

 

If the I-140 is in process or approved and the I-485 has not been filed, and the employer withdraws the I-140 then the process will stop, although the employer could re-start it by filing another I-140.

 

In general, travel does not affect the GC process. Exceptions: 1) If outside the US on the date of I-140 filing, the I-140 must be filed for consular processing; 2) The person must be in the US on the date of filing of the I-485 and generally must remain until advance parole is approved.

 

Consular processing is the alternate to filing the I-485 and involves interviewing for an immigrant visa (IV) at a consulate. It can be selected whether a person is in or out of the US.