140/485 NIW pending and work abroad?

[joggler2004]

I filed EB2-NIW with concurrent I140-485 Oct, 2003. I now have a job opportunity in another country (for 3 years). I wonder if anyone has experience on whether or not (and how) I can keep my green card application.

I consulted my lawyer and he said as long as I can have a US company (any company) to write a letter to say they are willing to hire me at any time, for the job description that matches my case, i should be fine. Let's call it route 1.

Additionally, a US company already agreed to put me on their payroll for the period of time when I will work in another country (the foreign company will form a collaboration with the US company, but I will be an employee of the US company). Let's call it route 2.

It seems to me that route 2 is pretty safe, in terms of keeping GC application. BUt I hesitate to go through route 2, given some uncertainty with the US company (I doubt they can keep doing that for 3 years, for financial reasons).

Is route 1 a feasible one?
Any other option?

Thanks a lot! and good luck to all of us!

 

[topew]

Did you self-petition? Why not opt for consular processing (CP)? CP does not require you to be in the US while your I-140 is pending particularly for self-peitioned NIW or EB1, which also does not require a job offer to petition. If you were employer-sponsored, then the case may be more complex.

 

[joggler2004]

Thanks.

Yes, I did self-petition. I filed 140/485 concurrently, can I still do CP?

Did you self-petition? Why not opt for consular processing (CP)? CP does not require you to be in the US while your I-140 is pending particularly for self-peitioned NIW or EB1, which also does not require a job offer to petition. If you were employer-sponsored, then the case may be more complex.

 

[salk]

Yes you can. You need to submit a form in order to switch from adjustment of status within the US to consular processing. I forgot what form it is.