Recommended Posts

Hi All, Not sure if this is the right place to post this topic.

I was working in the US on a H1B visa till may 2010, I had also applied for GC,got my I-140 approved and applied for I-485 with a priority date 9/15/2006. I quit my job in may 2010 and came back home to India to take care of family commitments. Now I am ready to go back to the US and the company which I worked for is going to give my job back. so we wondering whats the best way for me to go back. Following is what the Lawyer had to say and they think this is the easiest way.

Lawywers comments------Begin

After further review of the documents and your status, our new firm is suggesting that instead of ABC company trying to get another H1B that you move forward with getting an I-551 passport (allow you to work for 1 year) while you wait finalization of the processing of the I-140. Since the I-140 petition was approved for EB2, member of profession with advanced degree or exceptional ability, the most efficient method for gaining access to a work permit is for you to move forward with that process. See the information provide below in italics from our attorney.

In looking at the U.S. State Department (DOS) Visa Bulletin for June 2011, the priority date for the EB2 category for Indian citizens is 10/15/2006. Mr. X’s priority date is 09/15/2006. With an approved I-140 petition, Mr. X could complete consular processing at a U.S. Consulate in India and enter the U.S. with a stamp in his passport indicating that he is approved for permanent residence status and has employment authorization. This is commonly referred to as “an I-551 stamp.†Mr. X can begin the consular process after June 1, 2011. It is possible that he might be able to complete that process with the Consulate before 10/01/2011 and be available for ABC Company employment before that date. He needs to check with the appropriate Consulate for him to see what the immigrant visa application process is, what documents are required, and how long it will take him to complete.

--Lawyers comments ----End...

So my questions are

1. Is it possible to do this?

2. what are documents I would need.

I appreciate you reading this and thanks in advance for your comments/help.

Link to comment
  • 2 weeks later...


This topic is now archived and is closed to further replies.