GC Question (Labor, I-140 and I-485)

[sushil27]

Is it possible to take a transfer to the India Dev Centre while on H1B visa and be the employee of the same company company and still continue on your GC processing ?

If the labor is approved, then can I-140 + I-485 + EAD + AP all be filed concurrently ? Is there a personal appearance reqd for any of these applications ? I know a medical is reqd at some point of time, but can you get the medical done in India ?

Please respond.

 

[gp111]

Yes GC Can be processed when you are in India as it is for future employment. You will not be able to file I-485/EAD/AP because You will not be in country that time. You will have to go for CP after your I-140 approval.

 

[lca_001]

Gp,

Pardon my ignorance, but someone previously told here that BCIS demanded 6 paystubs on an i140 RFE, that suggested to me that there could be 2 different classes of GC, one is truly future-employment based (i.e.: You need not be currently working in that position), while there could be another class of GC, where you file the application for an already hired employee - another fact leading me to think is that fact that HR people will tell that you cant change your job description/grade level till after GC.



001.

Originally posted by gp111
Yes GC Can be processed when you are in India as it is for future employment. You will not be able to file I-485/EAD/AP because You will not be in country that time. You will have to go for CP after your I-140 approval.

 

[gp111]

BCIS can ask for Paystubs when company has shown that employee is already working with them on work visa.. If the employee is working in some other organization / country BCIS can ask for a proof that he/she is really working in the same field of expertise for what the company is trying to hire him/her. SO PAYSTUBS of forign company is also as much valid.

Regarding the Job Description/Position, BCIS requires the employer the hire the employee on the POSITION/JOB DESCRIPTION/SALARY mentioned in Labor Cert once Green Card is approved. That is why changing Position/Profile is not a good idea.