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M

Moorkha

New Member
Hi,

I plan to go back to my home country to fulfill the 2 year requirement. Is it possible to file under the EB-1 Extraordinary Ability category and leave the country before it is approved with the hope of returning to the U.S. on a green card after the 2 years have been completed? (Assuming that the EB-1 application is approved while I am away from the U.S.).

Thanks for the response(s).
 
No.

You will need proof of having fulfilled the 2 year requirement at the I140 stage-which is step 1 for EB1. Better idea is to find a sponsor and come back in 2 years on H1b and the apply for GC.;)
 
Nope.

There is no requirement to have completed 2-year HRR prior to applying for I-140. This becomes an issue at CP stage. Just make sure that 2-year obligation is completed prior to the consular interview.
 
I stand corrected...

While it is possible to apply for I140 before you complete either your J1 waiver or the 2 year HRR, you may not adjust status or process thru CP before completing either. Hope this helps!;)
 
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