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holding on to priority date

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  • holding on to priority date

    I, my wife and two children are planning to return to India from the US in two to three years. However, we would like to be in a position to obtain permanent residency in about 8-10 years from now when my eldest son becomes eligible for college and employment. We will be eligible to apply for EB2 once the category becomes available again; but since we intend to return to India for a substantial period of time, we do not wish to obtain a green card within the next few years because we would not be able to maintain it while staying in India.

    Is it possible to complete the LC and I-140 stages of the process now, and thereby "seal a priority date", after which we only file for AOS/CP when we are ready to return to the US ? I understand that the LC and I-140 process may have to be repeated if I change employers in the meantime; however, this way, I get an early priority date. Is there a reason why this won't work ? Do I have an obligation to file for AOS/CP as soon as my priority date becomes current ?

    Thanks !!!

  • #2
    A lot of Indians are thinking about the same .. returning to India in 2-3 years. I would suggest not wasting that $6000 in the green card advertisements and application unless of course your company pays for it. Use it towards buying a good car in India. 8-10 years is a long time. Maybe after that time, you would have an upper management position in a multinational company or a very successful business that it wouldnt make sense to become a consultant here. As far as your son is concerned, let him continue his education in India including his degree and then come here if he wishes. He can then sponsor his parents under the family green card category.

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