PDA

View Full Version : Converting I-140 to CP and return to India and wait for PD to current


venkatagupta
04-13-2012, 12:06 PM
Mine is EB2-I with PD Jun-2010 and greatly disappointed for missing the boat.

I am on 6th Year of H1B and need to file the extension in another couple of months. I am working in EVC model. Since date are getting retrogressed and do not know when it will reach 2010 again and I need to India for some personal issues. Since, there is a high risk of getting 221G, I am thinking to return to India before completing 6th year Extension.

I will ask my company to not file extension and I will leave USA temporarily and hence will not goto H1 Stamping so that my record doesn't have any rejections. My company has India operations. If given option I will work there or I may look for another job in India or will take a break to finish my personal commitments. I will convert my I-140 to CP and wait for my PD to be current and assuming that my employer provides me EVL for CP process and keep the position open. In this scenario,

is there any risk(other than normal risks) of getting rejection?

Should I be working to my Current Employer or is it ok if I am working for some other company during the CP Interview?

Is it OK if I am not working during the CP interview time?