A new question on Consular processing. Interesting situaiton...

csvinay

Registered Users (C)
I'm on 8th year H-1 Extension.

I work for a small IT firm in Dallas, Tx with currently around 1100+ employees. The EB3 LC and the I-140 is approved. Priority date is Sept 2003. So stuck in retrogression.

Mean time, my company gave me an option to go India and help the move my current project to Bangalore and work from there for a year.

This option sounded attractive to me because I've some personal\health issues to take care in India. So, I asked my company whether they can do CP for me and I can work from India and if my prirority date becomes current by then, I can some back after CP interview. They agreed to it. No US paycheck, only Indian.

Right now, the I-140 is with AOS option, my company is willing to file I-824 and change to CP.

Hypothetically, if I go for CP interivew after an year or so will it be an issue that I no longer work for the US company? (I just got a 3 yr H1 based the I-140 approval) My position with the company is still open.....me and company both plan on me coming back to Dallas, Tx.

My company immigration specialist told me that this should not be an issue. (but I'm not so sure :)) Last year, they've done this for another employee, he went to India and after 8 months came back to company after successful CP interview... although he went to India solely for personal reasons.

Has anyone gone through a similiar situation? Any expert opinions? Thanks.
 
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