Switching pending AOS (485) to CP

[greencardseker9]

I would sincerely appreciate your help with the matter below.

My priority date is Aug 2003, EB3 category. I have a valid EAD, AP and H-1B at this time through my current employer. However, I would be returning to India in March '11 to pursue an MBA and would be out of the country for a minimum of 1 year.

I would be resigning from my current company, and possibly join another company upon completion of my mba. I'd like to continue with my green card processing, and so wanted to determine if switching to CP would make sense.

Question I have is that if I switch to CP, and lets say I join another company after completion of my MBA, can I then come to the US after my interview at the consulate to take up a comparable role with the new company that I would have joined (after completion of my mba).

Thanks in advance!!

 

[Jackolantern]

If you switch to CP, you're not protected by AC21. So upon leaving your job, your green card will be dead, unless the company agrees to keep the job offer and I-140 alive until you return. And when you return to the US after completing CP, you must work for the same employer because of the lack of AC21 protection.

 

[ginnu]

I would sincerely appreciate your help with the matter below.

My priority date is Aug 2003, EB3 category. I have a valid EAD, AP and H-1B at this time through my current employer. However, I would be returning to India in March '11 to pursue an MBA and would be out of the country for a minimum of 1 year.

I would be resigning from my current company, and possibly join another company upon completion of my mba.
I'd like to continue with my green card processing, and so wanted to determine if switching to CP would make sense.
--------- if employer revokes I-140 your Green Card process is dead. FYI at the time of consulate Interview you will need Notarized job offer letter from Employer who filed I-140 or GC for you. If the employer had no job or dont give you job offer letter then Consulate is going to deny immigrant visa. You have indicated that you will join new employer in US it simple means that Immigrant visa will be denied if apply for CP process,
Question I have is that if I switch to CP, and lets say I join another company after completion of my MBA, can I then come to the US after my interview at the consulate to take up a comparable role with the new company that I would have joined (after completion of my mba).
----------------No. with CP process no AC21, no EAD , AP and no appeal.

Thanks in advance!!

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