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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 12-07-2009, 03:21 PM
Junior Member
Priority Date
:
Aug-03
Category
:
EB2
I140 Mailed Date
:
11/02/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/27/2007
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Join Date: Mar 2009
Posts: 15
james_bond_007 is a splendid one to behold james_bond_007 is a splendid one to behold james_bond_007 is a splendid one to behold james_bond_007 is a splendid one to behold james_bond_007 is a splendid one to behold james_bond_007 is a splendid one to behold james_bond_007 is a splendid one to behold james_bond_007 is a splendid one to behold
Default Returning to India, Options to continue Green Card

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.
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  #2 (permalink)  
Old 12-07-2009, 03:39 PM
Senior Member
Priority Date
:
N/A
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:
N/A
I140 Mailed Date
:
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:
India
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:
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:
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Posts: 328
waitin_toolong will become famous soon enough waitin_toolong will become famous soon enough
Default

Request transfer to Counsular processing, withdraw I-485, I-131 and EAD
remeber cannot come back to USA using F1, B1 or any such non-immigrant visa.

H1/L1 can be used is there is time left on these/ spent 1 year abroad if not
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  #3 (permalink)  
Old 12-07-2009, 03:44 PM
Junior Member
Priority Date
:
Aug-03
Category
:
EB2
I140 Mailed Date
:
11/02/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/27/2007
Compare
Join Date: Mar 2009
Posts: 15
james_bond_007 is a splendid one to behold james_bond_007 is a splendid one to behold james_bond_007 is a splendid one to behold james_bond_007 is a splendid one to behold james_bond_007 is a splendid one to behold james_bond_007 is a splendid one to behold james_bond_007 is a splendid one to behold james_bond_007 is a splendid one to behold
Default

I believe consular processing can be used only if the dates are current. It might take a long time for 2003 April EB3 India to be current. Since Green Card is for future employment, is there anyway to continue the Green Card process while in India ??
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  #4 (permalink)  
Old 12-07-2009, 04:19 PM
Junior Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jan 2007
Posts: 21
chaks7 is a jewel in the rough chaks7 is a jewel in the rough chaks7 is a jewel in the rough
Default

For filing 485 you need the PD to be current. For Consular Processing (CP), dates need not be current. You indicate that you want your application to be processed with CP option and the Consulate (in this case, Consulate in India) will schedule the interview when you are dates are current. You can check with a lawyer how you can abandon 485 and switch to CP. But make sure you are knowledgeable with the necessary facts/information as CP can be a long wait if you are in EB3-I category. You may lose the benefits of 485 when July 2007 fiasco happened where you were able to file 485 and the dates retrogressed and meanwhile you can still enjoy EAD and AP for travelling. This option will not be there if you choose CP.
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  #5 (permalink)  
Old 12-07-2009, 04:39 PM
Senior Member
Priority Date
:
Feb-08
Category
:
EB1A
I140 Mailed Date
:
07/23/2009
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/29/2009
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Join Date: Nov 2007
Posts: 395
kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute
Default

Consular processing itself will happen when date is currentl. However, there is a form that your friend can fill out (which basically moves I 140 from USCIS to another agency which I think is called National visa/benefit center, which in turn sends it to consular post once the date is current.

In other words, your friend will have to get out of 485 line and ask for I 140 to be put in another line (for consular processing) and wait for PD to become current.

During this entire time, the prospective employer should have empty position for the candidate and good faith intention to hire him permanently once he gets is GC. Also, they may send RFE to employer to explain how will he manage for next several years before your friend can join the firm. As long as prospective employer answers all these to their satisfaction, your friend can still get his GC once his PD becomes current (via consular processing).
__________________
PERM filed: Feb 2008 Chicago Processing Center
PERM approved: March 2008
I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010
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  #6 (permalink)  
Old 12-09-2009, 12:21 PM
Senior Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
11/20/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Dec 2007
Posts: 416
pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts
Default not many

i have not come across any success stories of USCIS to CP move.

Also, i am not sure if the company must keep an empty chair for you..till you complete the CP process.

I was told that as long as the firm can give a letter stating that the job will be offered once you get ur GC..that should be good enough.

you are venturing into the unknown jungles....;-) ..best of luck
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  #7 (permalink)  
Old 12-09-2009, 02:25 PM
Senior Member
Priority Date
:
Jan-08
Category
:
EB2
I140 Mailed Date
:
03/27/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 286
cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute
Default just a GC gone waste

Well its just wasting GC numbers as this person is leaving US anyways, why GC???
I have seen many people leave US after once they get their GC, how stupid is that?

Quote:
Originally Posted by pointlesswait View Post
i have not come across any success stories of USCIS to CP move.

Also, i am not sure if the company must keep an empty chair for you..till you complete the CP process.

I was told that as long as the firm can give a letter stating that the job will be offered once you get ur GC..that should be good enough.

you are venturing into the unknown jungles....;-) ..best of luck
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  #8 (permalink)  
Old 12-09-2009, 05:43 PM
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Posts: 262
ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute
Default

Quote:
Originally Posted by cbpds View Post
Well its just wasting GC numbers as this person is leaving US anyways, why GC???
I have seen many people leave US after once they get their GC, how stupid is that?
That is the BEAUTY of Green Card.

1. Most of them do not want to stay here, because they don't like something here....
2. They want to stay back there...
3. They don't like things back there...
4. They need an option to come to US anytime in future... (They worked half of their life to aquire this option)

So from 1 and 3, it is obvious that they don't like to stay in East End or in West End. They can not go to North End (freezing to death) or South End (No place attracting).

It all says that "They don't like the WORLD".

So, a slight change in your title "Just a LIFE gone waste".

God must be crazy and not doing QA after producing these humans.
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1 out of 1 members found this post helpful.
  #9 (permalink)  
Old 12-09-2009, 05:50 PM
Senior Member
Priority Date
:
Jan-08
Category
:
EB2
I140 Mailed Date
:
03/27/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 286
cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute
Default very true

Well Said, its the bitter truth many will not agree
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  #10 (permalink)  
Old 12-09-2009, 08:55 PM
Donor
Priority Date
:
Feb-05
Category
:
EB2
I140 Mailed Date
:
04/23/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Jul 2008
Posts: 200
Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute Pagal has a reputation beyond repute
Default

Hello,

Just a clarification around job requirements:

GC is always for a future position, so there is no need for the employer to keep the position (nor to keep it vacant). The employer needs to confirm that the position will be made available to the individual as soon as GC is issued.

If you get the GC and the position is not available, your GC is not in any jeopardy. Once the employer confirms that the position is no longer available, you are free to choose any other job. If you have already waited 4-5 years for GC, the same/similar job requirement also reduces in significance for post GC issued job.

PS: I know a few friends who waited to get their US citizenship and immediately relocated to India! Human mind is strange!!
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