CP while physically present in India

[papps]

Can someone please help.

I will be having my H1B expire soon with present employer.

My previous employer was kind to start GC process for me, but I might be in India as the process started late.

Hence wondering if the GC process can continue when I am in India and not under payroll of GC sponsoring company, was told by attorney that it is possible. Can someone kindly confirm.

Also in such case, at the time of interview in India, will there be any issues, since there will be no W2 and pay stubs to account for since I will not be working with the employer....it would be more like future employment.

 

[Raju595]

Originally posted by papps
Can someone please help.

I will be having my H1B expire soon with present employer.

My previous employer was kind to start GC process for me, but I might be in India as the process started late.

Hence wondering if the GC process can continue when I am in India and not under payroll of GC sponsoring company, was told by attorney that it is possible. Can someone kindly confirm.

Also in such case, at the time of interview in India, will there be any issues, since there will be no W2 and pay stubs to account for since I will not be working with the employer....it would be more like future employment.

There is no problem with this scenario. As long as you carry
the employment letter from the sponsor at the time of the interview, it is OK. You don't have to be on their roles at the
time of interview.

Raju

 

[alren]

Originally posted by papps
Also in such case, at the time of interview in India, will there be any issues, since there will be no W2 and pay stubs to account for since I will not be working with the employer....it would be more like future employment.

Employment based CP is always for future employment. In most of the employment cases, the W2s, Tax returns, Pay stubs are mainly reqd. for making sure the person has being in status and the NIV sponsering co. has fulfilled it's obligations.