Going back to home country for few years, trasferring I-140 to consular processing

[swaps 0]

Hi,

I am currently in US and have H1B and I-140 approved with priority date of Sept 2017. I have been in USA for more than 8 years now. I am planning to return to India because of familial reasons for few years. My current employer doesn't have an entity in India, so I have to resign from my current job. But my employer is ready to hire me back in future when my personal situation changes and I am ready to come back to US. In this situation, if my employer files I-824 to transfer my I-140 to US consulate in India, then would I be able to get green card through consular processing assuming that my employer will give me a US offer letter when visa number is available? Also, while I am India, I will not be able to maintain my H1B status and I will not be employee of the employer who filed my consular processing. Would that affect by green card processing through consular process?

Thank you in advance for taking time to read and reply, really appreciate it!

Edited April 24, 2022 by swaps

[Crazy Cat 41,975]

Green Cards are obtained ONLY though entering the US via an immigrant visa or through adjusting status inside the US.   

Edited April 24, 2022 by Crazy Cat

[swaps 0]

@Crazy Cat I understand that GC will be issued only when I am physically in US. But consular processing allows getting an immigrant visa while outside of the US. When I will enter US with that immigrant visa, I will get GC in mail in few days. Consular processing is alternative to adjustment of status difference being consular processing is done only outside of US and AOS is done only inside of US.

Thanks for your reply!

Edited April 24, 2022 by swaps

[Crazy Cat 41,975]

4 minutes ago, swaps said:

@Crazy Cat I understand that GC will be issued only when I am physically in US. But consular processing allows getting an immigrant visa while outside of the US. When I will enter US with that immigrant visa, I will get GC in mail in few days. Consular processing is alternative to adjustment of status difference being consular processing is done only outside of US and AOS is done only inside of US.

Not really.  With what immigrant visa will you enter the US?  Under what basis would you qualify for a Green Card?

Edited April 24, 2022 by Crazy Cat

[swaps 0]

@Crazy Cat Here are the details of immigrant visa:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing

[Crazy Cat 41,975]

5 minutes ago, swaps said:

@Crazy Cat Here are the details of immigrant visa:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing

I know how immigrant visas work.  For what immigrant visa would YOU be eligible?  Who is your petitioner? 

Edited April 24, 2022 by Crazy Cat

[Boiler 45,651]

Consular processing is the standard process and in that situation somebody being sponsored for an immigrant visa would not be Employed usually by the US entity.

 

So that is not a problem.

 

I do not think it was envisaged that H1b would be used as a filler, it was set up as a temporary way to bring qualified workers to the US but has morphed.

[Bajinga 136]

should be fine as long as the employer is willing and keeps the offer alive when the priority date is current. EB3/EB2 does not require maintaining H1B status or H1B at all in general. Even though having an approved I-140 does make it possible to keep extending the H1B if needed, there is no direct benefit the other way around.

 

Also, you will have more options assuming you still have time left on H1B when you leave, any other employer can hire you on H1B easily as the petition for you will not be counted against the quota. in addition, if you transfer to another employer and they start EB3/EB2 process for you. you still get to keep the priority date from the existing I-140 that has been approved.

Edited April 24, 2022 by Bajinga

[Crazy Cat 41,975]

Interesting stuff......