GC processing while on deputation to India

K

kk12

New Member
This is my current situation:
My 6 year H1B expires on Jan 14 2010. My current employer has not yet filed my Labor although all the pre-processing (advertising/job posting) stage is complete.They are now offering me to transfer and work in their India office.

I have the following questions:
1) Can they still file for my GC and continue with the process if they send me on a deputation to India and i receive Indian salary? Any legal issues regarding this option? How long can i stay out of the country in this scenario?
2) Nowadays with the processing times, is there enough time for the EB2 LC and I-140 to get approved to make a 3-year H1-B extension possible?
3) If i find a new job now and do a H1B transfer, is it still a feasible option for the new employer to start my GC processing right away and have I-140 approved before Jan 2010?

Please advise.

Thanks
 
1. they can.
2. May be, maybe not. It's tight anyway.
3. One RFE will delay the process. Too tight.
 
Last edited by a moderator:
kk12 said:
This is my current situation:
My 6 year H1B expires on Jan 14 2010. My current employer has not yet filed my Labor although all the pre-processing (advertising/job posting) stage is complete.They are now offering me to transfer and work in their India office.

I have the following questions:
1) Can they still file for my GC and continue with the process if they send me on a deputation to India and i receive Indian salary?
----------------------If you are Indian citizen and going to work in India then you are NOT on H1 status while out of US.They may file first step of GC that is LC but nobody can give you guarantee that LC will be approved and when it will be approved. DOL at this time is investigating many employers if the employer really need worker from out of US.
Any legal issues regarding this option?
-----------------ask your company lawyer.
How long can i stay out of the country in this scenario?
--------------------If you belong to India you can stay in India your full life and nobody can force you to go out of India. If you are not citizen of India then depends on your India Visa validity.
2) Nowadays with the processing times, is there enough time for the EB2 LC and I-140 to get approved to make a 3-year H1-B extension possible?
----------------------------No predictions at this time.
3) If i find a new job now and do a H1B transfer, is it still a feasible option for the new employer to start my GC processing right away and have I-140 approved before Jan 2010?
--------------No predictions at this time.
Please advise.

Thanks
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