Returning to India, Options to continue Green Card

J

james_bond_007

Registered Users (C)
My friend is going back to India next month. He filed for 485 in Aug 2007, PD April 2003 EB3 India. Is there a way to continue the Green Card process while he is in India ?. Is there an option where the employer can state that the employee is on temporary transfer to a different country and not loose the current Green Card application ?. Greatly appreciate any thoughts or insights.
 
The employer doesn't have to do anything, except keep the I-140 alive (i.e. respond to RFE if it happens, and don't revoke the I-140).

The work is on him to keep his GC process alive, not the employer. He can file I-824 to switch to consular processing, then he can wait in India for as long as it takes to reach his priority date, and when his PD is current he will interview for the GC at the nearest consulate. Otherwise, he can keep the I-485 alive by visiting the US every year to renew his AP, but that could be a bit of a problem because he needs to remain in the US while the AP is pending. Or if he has an H1B or L1, he can stay outside the US as long as he returns before the H1B/L1 expires, and his I-485 will be kept alive.
 
Thank you Jackolantern,
At the time of interview at the consulate will they ask any proof for employment or future employment with the company?. My friend is moving to the indian division of the same company.
 
Yes they probably will ask for proof of the job offer in the US. If the company is planning to hire him back in the US after the GC is approved, it shouldn't be a problem for the company to give him an offer letter. He will have six months to enter the US after the approval at the consulate, so that should be enough time for him to finish his existing India-based project or transition the work to somebody else.
 
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Jackolantern said:
Yes they probably will ask for proof of the job offer in the US. If the company is planning to hire him back in the US after the GC is approved, it shouldn't be a problem for the company to give him an offer letter. He will have six months to enter the US after the approval at the consulate, so that should be enough time for him to finish his existing India-based project or transition the work to somebody else.
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I agree with Jackolantern.
One can get GC throught CP even before entering US for the first time. The main requirement is that there should be a valid job offer in the US from the sponsoring company for GC to be granted.
 
james_bond_007 said:
My friend is going back to India next month. He filed for 485 in Aug 2007, PD April 2003 EB3 India. Is there a way to continue the Green Card process while he is in India ?.
------------He need to send a form to USCIS for CP (i forget the name of Form) then USCIS is going to send his file to NVC and NVC will sent the file to US consulate in India and then US consulate will inform for the interview when PD for him becomes current. The US employer should have job in US and Consulate will need US employer latest job offer letter and employer has to sign that letter before notary in US and send it to your"friend". if no letter from US employer then Consulate can deny the Immigrant visa. with CP option one does not get EAD, AP , No AC21 and no appeal.

Is there an option where the employer can state that the employee is on temporary transfer to a different country and not loose the current Green Card application ?. Greatly appreciate any thoughts or insights.
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