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Can I work in India till priority date becomes current ?

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  • Can I work in India till priority date becomes current ?


    My employer filed for labor under EB3. It was approved in July 2006.My I-140 was also approved in Jan 2007.The present priority date is August 2001 which means I will have to live in US for 4-5 years, to be able to file for I-485.My second H1 is valid upto Nov 2008.

    Due to family problem, I am thinking of returning back to India for few years and I will be able to return back to US before the priority date becomes current.I checked with my employer but he says that I will have to leave the company and start a new employement in India.

    Is it possible to work outside US and still continue with the GC process? I have second H1 valid with another employer.

    Thanks for your help in advance!

  • #2
    A lot of people are planning on moving back. No one is sure if the priority date will ever be current. If your employer is fine with it and will continue the processing, then it should not be a problem.