PD became current after qutting employment

S

sgoms

New Member
Hello,

My husband is in a very unique situation. We decided to relocate to India because the GC process seemed never ending. His status was

PD: Feb 1 2004 EB2
I-140 approved
H1B stamped in passport till Apr 2007

His company just extended his H1B till Apr 2008 but not stamped on passport yet. He quit his job in april (very amicably) and is in India now. Because of this sudden movement in PD here are the questions I have and I hope the experts on this board can shed some light.

1. If his company is willing to file for his 485 can he do so?
2. Since he is in India right now is consular processing his only option?
3. Should he get his extended H1B stamped on his passport even though he is not employed with his company anymore?
4. He was planning to get an H4 since he plans to come back in Nov '07 to USA. (I still live/work here and going to deliver a baby in Nov) In that case which visa should he go for to re-enter US?

Thanks!
 
Pardon my 2 cents on somebody personal deliema.

Legally an employer needs to inform INS/USCIS for I-140 termination. I have read several instances where people obtained I-140 approval and amicably switched job to pursue GC via new employer, all the while ex-employer maintained I-140 thereby the said individual enjoyed PD from last LC even though he/she went thru complete LC/I-140 process with new employer.

Now in your husband's case he actually quit the job. So the payroll in properly functioning business entity having rules/procedures would reflect this event. Pretending to be very naive ...I wonder how your husband or his employer intend to over-write this?;)
 
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