Filing i-140 When no longer in the US

azuka

New Member
I lived and worked in the US for 5.5 year till December 2004 when i took up a 3-year contract position abroad. My previous employer in the US just called me now to inform me that my LC that was filed in 2004 has been approved. As it is the company is willing to continue the process up till GC if i am willing to pay for which of course i am. My question is thus:
Can i still continue the process even when i do not currently live and work in the US?
 
azuka said:
I lived and worked in the US for 5.5 year till December 2004 when i took up a 3-year contract position abroad. My previous employer in the US just called me now to inform me that my LC that was filed in 2004 has been approved. As it is the company is willing to continue the process up till GC if i am willing to pay for which of course i am. My question is thus:
Can i still continue the process even when i do not currently live and work in the US?

Yes you can, as long as the US employer agrees to hire you on completion of your immigration process. Please note that you have to opt for Consular Processing (and not I-485). Therefore you cannot avail Concurrent Processing, Obtain EAD or AC21 portability.
 
manwithnoname said:
Yes you can, as long as the US employer agrees to hire you on completion of your immigration process. Please note that you have to opt for Consular Processing (and not I-485). Therefore you cannot avail Concurrent Processing, Obtain EAD or AC21 portability.

This is not necessarily the case. If he is able to enter the United States in a valid non-immigrant status he can file the I-485 at that point.
 
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