International relocation after i-140 approval

T

tsgkrishna

New Member
I am new to this forum. Pardon me if this question has been brought up earlier.

My PERM LC and I-140 in EB2 category got approved recently with a PD of 09/24/2005. My 6 year H1B expires on 09/24/2006. With retro in effect, even though I could get 3 years H1B extension, I am considering relocating to my company's India office and work as local (india) hire in India for couple of years. My company is no hassle and is willing to do the best within legal limits. Is it possible and what is the best course of action to keep my GC process alive and also be out of the US? Will getting 3 years H1B extension before relocating to India help in any way?
 
Hi tsgkrishna

I will also like to know the answer of your post. I am in the same boat.
Can you please share your I-40 processing dates. When did you applied and got approval. Is your EB2 is for Masters degree.

Thanks,



tsgkrishna said:
I am new to this forum. Pardon me if this question has been brought up earlier.

My PERM LC and I-140 in EB2 category got approved recently with a PD of 09/24/2005. My 6 year H1B expires on 09/24/2006. With retro in effect, even though I could get 3 years H1B extension, I am considering relocating to my company's India office and work as local (india) hire in India for couple of years. My company is no hassle and is willing to do the best within legal limits. Is it possible and what is the best course of action to keep my GC process alive and also be out of the US? Will getting 3 years H1B extension before relocating to India help in any way?
Click to expand...
 
tsgkrishna,

Thanks for the reply. But I guess NOTICE DATE is not approval date. I saw this posting in immigrationportal.com. Thought to share with you.

http://www.immigrationportal.com/showthread.php?t=94202

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Reciept Date ( RD) some people think is the date BCIS recieves the packet. The date BCIS recieves packet is of no use except to let you know that the packet is not lost yet.

Notice Date (ND) is the Reciept Notice date. This is the date you should consider for tracking purposes.


Consider only the reciept notice date that is shown on the online status as well.

Approval Date (AD) is Approval Notice Date ( finally when I140 is approved).






tsgkrishna said:
My EB2 is for Bachelors + 5 yrs experience
Receipt Date : 12/30/2005
Notice Date : 2/19/2006
Click to expand...
 
tsgkrishna said:
I am new to this forum. Pardon me if this question has been brought up earlier.

My PERM LC and I-140 in EB2 category got approved recently with a PD of 09/24/2005. My 6 year H1B expires on 09/24/2006. With retro in effect, even though I could get 3 years H1B extension, I am considering relocating to my company's India office and work as local (india) hire in India for couple of years. My company is no hassle and is willing to do the best within legal limits. Is it possible and what is the best course of action to keep my GC process alive and also be out of the US? Will getting 3 years H1B extension before relocating to India help in any way?
Click to expand...


I explored the same option and I was told, GC is for a future job, so in all circumstances you are allowed to leave the country and work for anybody you want not just your current employer until your turn comes up for you to come back during your 485 stage. I am not a lawyer nor consider myself an expert, I am purely saying from the discussion I had for my case with the firm of Law offices of Rajiv Khanna. Just make sure you file your taxes. The down side is, when you want to come back, you will need a new H1 or do consular processing in India to come back in. If you have to do your H1, it will be counted as new which means, if there is a 65000 limit then, you can get stuck for an extra year. Good luck
 
Thanks gc212 for the link. To clarify, my dates are :

App Receipt Date : 12/20/2005
App Notice Date : 12/30/2005
Approval Date : 2/19/2006

Seahawks, I need clarification on the downside. If I get 3 years H1B extension (7 to 9 years) before relocating to India and want to come back on H1 before that period expires, can I use the H1 extension approval? How does 65000 limit come into picture?
 
tsgkrishna said:
Thanks gc212 for the link. To clarify, my dates are :

App Receipt Date : 12/20/2005
App Notice Date : 12/30/2005
Approval Date : 2/19/2006

Seahawks, I need clarification on the downside. If I get 3 years H1B extension (7 to 9 years) before relocating to India and want to come back on H1 before that period expires, can I use the H1 extension approval? How does 65000 limit come into picture?
Click to expand...

I really have no clue and I would not want to give you wrong information. I was thinking if your I-140 is approved and if you file for H1 extension, you get extension for 3 years instead of your 1 year extensions if your Labor was pending. Now if you leave the country work for some other company in india. If that company wants you to come and work in the US in an H1, it seems to me that it is a fresh H1B application, rather than an extension. I have no clue, honest. I myself am confused, neither have I thought yet how to go about.
 
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