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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #1 (permalink)  
Old 12-29-2012, 05:01 PM
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majmera is on a distinguished road
Default Return to India and I140 questions

Hi all,
I currently work with a large MNC, my GC was applied for several years ago (2003, under EB3). My I 140 has been approved for over a year now.

At this point I am planning to return to India (that was always the goal). My questions are
- If after a year or so if I chose to return back, can I retain my priority date for a new GC application?
- Is there any advantage if I continue with the same employer although there will probably be an internal transfer to being an India employee and back to US employee if I do return back?

Thanks
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  #2 (permalink)  
Old 01-01-2013, 01:47 PM
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richasamuel@yahoo.com is infamous around these parts richasamuel@yahoo.com is infamous around these parts
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Yes your I 140 will still be valid,its better to continue with your current employer if he's able to move you to India & back to US if so whenever you desire.Note : Your priority date is 2003 Plz specify which month and you have waited for a long time now you are too close to your GC I am sure within next 12-18 months You are sure to get GC.It Would be sensible to leave US once you get GC but still if you cant wait any longer use your current employer to move back to India.
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  #3 (permalink)  
Old 01-01-2013, 05:41 PM
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majmera is on a distinguished road
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Quote:
Originally Posted by richasamuel@yahoo.com View Post
Yes your I 140 will still be valid,its better to continue with your current employer if he's able to move you to India & back to US if so whenever you desire.Note : Your priority date is 2003 Plz specify which month and you have waited for a long time now you are too close to your GC I am sure within next 12-18 months You are sure to get GC.It Would be sensible to leave US once you get GC but still if you cant wait any longer use your current employer to move back to India.
Thank you for the response. My priority date is Nov 2003. After considering everything (kids age, parent's health and career etc), we feel this is the right time to move back. Hopefully, it work out and we won't have to worry about dealing with the issue at all.

Thank you to everyone who replied!
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  #4 (permalink)  
Old 01-01-2013, 05:48 PM
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njboy has a reputation beyond repute njboy has a reputation beyond repute njboy has a reputation beyond repute njboy has a reputation beyond repute njboy has a reputation beyond repute njboy has a reputation beyond repute njboy has a reputation beyond repute njboy has a reputation beyond repute njboy has a reputation beyond repute njboy has a reputation beyond repute njboy has a reputation beyond repute
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this year Obama (if he has his way) is going to give green card to millions of illegals. You are legal, but will definitely benefit from this windfall. You seem particularly unlucky in your green card quest because you applied for it in 2003 but did not get I-140 approved till last year. So it seems you could not avail yourself of EAD. Don't worry, the tide is turning. If you can hang in there 1 more year, please do. But then again, if you get green card, you may never go back to India..which was your dream in the first case. So not getting pr might be a blessing in disguise.
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  #5 (permalink)  
Old 01-01-2013, 08:51 PM
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Quote:
Originally Posted by majmera View Post
- Is there any advantage if I continue with the same employer although there will probably be an internal transfer to being an India employee and back to US employee if I do return back?
Obviously, this will make it easier to get back to the USA. This option is also advantageous in case the move happens at least a year after getting the green card, since the right paperwork will enable filing for citizenship even in this case.
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