140 Approved, can you apply 485 from outside the country?

[cygent]

Pardon me if this question has been asked before. This query is for my friend who got laid off just before his 140 got approved in 02/09.
Case details: PD 08.2007; 3 yr. H1B expiring 08.2009

What are his options to keep the GC process rolling?
Can he return to his ome country, India, and apply 485 by consular processing when his PD is current?
Thanks.

[txh1b]

Possible as GC is for future employment. CP is chosen during I140 stage. Now that he is past that, the lawyer can file form I824 to notify consular post which could take a long time.

[kumarc123]

Hello all,

I have a question pertaining to this, my wife's is an associate professor, our PD is august2007. She has her i40 approved for more than a year now. At present her employer will not extend her contract and H1b expiring is in august09


She has been looking for a different job, but not luck till now. Her contract is till may end. If she is unable to find something and gets on H4 (myH1b dependent). Will she still be able to file for 485 when the dates become current? It has been more than 180 days after her I40 got approved.



Please advise.

[pointlesswait]

I have a PD of 12/2005. My 140 is approved..but i didn't not file for 485 in 2007.

If i lose my job and have to leave the country..as i am still on H1 and my 9th year H1 expires in may 2010..

a.) can i file for 485 from outside USA.. provided my employer has not canceled/revoked my 140?

or Will i lose my GC process..completely?

>>>in this economy anything is possible..so knowledge is power..;-)

[number30]

Originally Posted by txh1b

Possible as GC is for future employment. CP is chosen during I140 stage. Now that he is past that, the lawyer can file form I824 to notify consular post which could take a long time.

Problem is he is getting laid off So CP is out of question. What he can do is come back here on H1 may be from some other company and try applying I-485. Or otherwise he start fresh green card but retain the priority date.

[kondur_007]

Originally Posted by cygent

Pardon me if this question has been asked before. This query is for my friend who got laid off just before his 140 got approved in 02/09.
Case details: PD 08.2007; 3 yr. H1B expiring 08.2009

What are his options to keep the GC process rolling?
Can he return to his ome country, India, and apply 485 by consular processing when his PD is current?
Thanks.

Cygent:

Here are the options for your friend:

1. Your friend can pursue Consular processing from India (Can not file 485, but equivalent form of processing from the home country); however, his I 140 could not have been revoked and also the employer who filed I 140 should be able to provide job offer letter (i.e. able to provide letter that the job is still there for him when he gets his GC approved). Additionally, he will only get his interview with consulate when his PD is current (if he is EB2, there is good chance of that happening by Aug/Sept; but this is just a guess).

2. Another option (and in my eyes better option) is to get another job, enter on H1 here. Then see if the original employer can still support GC process. If they do, then he can file I 485 as soon as date is current. He will also get EAD and AP with 485. After 6 months of being on 485 he can port using AC 21.

If after entering on H1, his original 140 sponsoring employer is NOT ready to support GC process, they he can start and new PERM (he can get H1 extensions 3 yrs at a time based on approved I 140 if he has already used his 6 yrs limit). He surely can port priority date to his new GC based on I 140 that is already approved.

Good Luck to your friend.

[uumapathi]

Originally Posted by pointlesswait

a.) can i file for 485 from outside USA.. provided my employer has not canceled/revoked my 140?

I do not think you can file for I485 from outside USA as I485 is Adjustment of Status application wherein you can change your status from Non-immigrant legal status to an Immigrant status.

[pointlesswait]

i read on some forum that u can request for consular processing..provided ur employer dosent revoke ur 140 and can provide a letter saying thatu will work for them once u get ur GC...

Originally Posted by uumapathi

I do not think you can file for I485 from outside USA as I485 is Adjustment of Status application wherein you can change your status from Non-immigrant legal status to an Immigrant status.