Question about GC

S

sunnybab

Registered Users (C)
Folks, I am working for Company A and don't have labor filed thru them.My H1 6 yr limit is expiring Mar 2004 First week.But I have Labor Filed thru another Company B (Future Employer).

Even though, I have heard I can file for 7 th year extension once my labor is pending for more than 365 days thru copmany B, I am planning to move back to India as my Current company A is ready to transfer me back to India after 6 yr limit and I don't want to leave company A.

If I decide to move back to India after my 6 yr limit ,

Is it possible to File for I140/485 or CP from India once my labor gets approved (which I am expecting to get approved in mid 2004 )?


I am not sure If for 485 one has to be physically in US, Can I file for I140/CP from India simultaneously?


Can I continue working in India till my I140 and further stages 485/CP is approved ? and come here back in US once GC is approved ?


If Above is true ..If Need be , Can I come to US in between the GC process on temp visa once I am out of Country for more than 1 year ?


Please advice ,Any help/information is appreciated..

Regards
 
Is it possible to File for I140/485 or CP from India once my labor gets approved (which I am expecting to get approved in mid 2004 )?
Ans:Since GC is for future job,it is possible to file I-140 after your LC approval.But you'll need to take Consular processing option(in I-140)not file I-1485 as you'll be in india.

Can I continue working in India till my I140 and further stages 485/CP is approved ? and come here back in US once GC is approved ?
Ans:After your I-140 approval,INS will forward your case to National Visa Centre (NVC),where they'll review your documents and sending it to the consulate of your home town in india.After this,consulate will order visa number for you(and your dependents) and schedule an Immigration Visa Interview.

Can I come to US in between the GC process on temp visa once I am out of Country for more than 1 year ?
Ans: You may have to consult lawyer for more details.
 
sunnybab

Can I come to US in between the GC process on temp visa once I am out of Country for more than 1 year?

If you are asking about H1 then answer is Yes.
 
Folks, I am working for Company A and don't have labor filed thru them.My H1 6 yr limit is expiring Mar 2004 First week. But I have Labor Filed thru another Company B (Future Employer).
------ file the 7th year H1 extension based on Company B LC filing if LC was field 365 days back, you need evidence that LC by B was filed 365 days back and the evidence will be Receipt of LC filing by B with SESA or SWA generally layer gets the receipt, ask the copy from lawyer of B that receipt will have your employer name, your name and case# with date
Even though, I have heard I can file for 7 th year extension once my labor is pending for more than 365 days thru company B, I am planning to move back to India as my Current company A is ready to transfer me back to India after 6 yr limit and I don't want to leave company A.

If I decide to move back to India after my 6 yr limit,

Is it possible to File for I140/485 or CP from India once my labor gets approved (which I am expecting to get approved in mid 2004 )?

---- for I-485 filing you have to be in US, for CP employer can file I-140 with CP option
I am not sure If for 485 one has to be physically in US,
------One has to be in US on valid status to file I-485
Can I file for I140/CP from India simultaneously?
---- One can not have I-140 for CP and I-485 at the same time, one has to choose I-140 for CP or file I-485 while your are in US and get AP based on I-485 and be back to US before AP expires, you have many concerns better go to good lawyer and choose your options

Can I continue working in India till my I140 and further stages 485/CP is approved ? and come here back in US once GC is approved ?


If Above is true ..If Need be , Can I come to US in between the GC process on temp visa once I am out of Country for more than 1 year ?
 
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