I-140 approved but I am leaving the country. What to do?

E

egisto

Registered Users (C)
Hy guys,
I just received the notice of approval for my NIW based application in the mail and I had not filed form I-485
Unfortunately I am ready to sign a contract with a foreign company, so I have a few questions:
1) What is the typical time of approval for I485? It is ready including all medical exams etc.
2) what is the best course of action to keep the job and receive the green card?
I will definitely consult a lawyer but it would be much easier if I had an idea of the questions to ask
Thanks
 
I assume you are not from retrogressed countries and that means you are current with EB2.
My case took around 70 days to get the approval and around 85 days to receive the card. took 30 days to receive the package and another 20 days to get the fingerprinting done. At the time of FP you should be here.
Of course, one big bottleneck here could be namecheck which can go up to 3 months (they have promised to resolve all cases within 3 months.)
Note that at the time of filing you SHOULD be present here. If you wait for your AP and travel with it, you underlying visa is canceled automatically. If you get AP but do not use, you should be safe given your visa is still valid. Note that if you are going for stamping, you can not go for F1 or any other non-immigrant visa.
Hope these help.
 
mhush, thanks for your reply. I talked with the lawyer today and he mentioned that if I do not apply for the adjustment of status I can keep my application valid until I want. If I ever plan on coming back to the US I can resurrect the application at that point, as long as the field I will be working is similar to the one for which I was granted the NIW. Hope this helps somebody else
 
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