H1b extention and amendment denied in 4th year. I140 in EB1C is approved. Can EAD applied from home country (India).

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Prasad_Iter

New Member
Hi Rajiv,

Hope you are doing good!!!

I am into fourth year of H1b. My i-140 is approved under Eb1C in May 2018 and my attorney is waiting since Apr 2018 for the Eb1C window to be current for filing the I-485.
Meanwhile my client changed but the employer is still the same. Hence my employer applied for my H1b petition amendment and extension which was expiring on 1-Dec-2018 due to change in client and location. On Dec 11 my H1b is denied. Please help me with my question.
  1. As i have to go back to India immediately, What would happen to my green card processing?
    1. I heard of Counselor processing of green card at the home country consulates. Would this processing still hold good in my case.
    2. What is AC140 and can it be applied in my case?
  2. Would the H1b denial impact my approved I-140?
  3. Can i apply an H1b extension from my home country (India)? Would it be a cap exempt or cap H1b?
    1. If yes what is the cooling period, before i start the process.
  4. I am planning to apply for Canadian PR, would this still impact my US green card process, in case if my employer agrees to process my GC case through counselor process?
Thanks & Regards
 
You need to file I-824 to have USCIS ship approved I-140 to NVC to initiate consular processing so that you can attend green card interview in your home country & upon its approval enter US on employment based immigrant visa.
 
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