Apply I-485 while staying in India. Job ends in November

gulur

Registered Users (C)
Hello,

My Priority date is Dec 2010 in EB2 category. Last week I moved back to India due to personal situation and job issues. My employment in USA will end on Oct 30th this year. Today the USCIS released OCT visa bulletin in which Date Of Filing is May 2011.

1> Can my company apply for I-485 application while I am staying in India? Technically, I will be working for the US firm till the end of October although physically i am located in India.

2> Assuming I can apply for I-485, if the application gets denied then what happens to my I-140 and Priority Date. Later if I have to come go to USA using H1-B and apply for GC. Can I recapture my Priority Date (Dec 2010)?

Please advise.
 
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