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GC pending, employer sending to India..need urgent help !!

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  • GC pending, employer sending to India..need urgent help !!

    My case :
    My employer filed my green card in 2006. Labor was certified in early 2007 and I - 140 and I - 485 were filed simultaneously on 21 June 2007. Application is with Nebraska center. USCIS has sent a request for more evidance for I-140. They need transcripts/marklists for all 4 years of engineering. My laywer is sending them the requested docs.

    I am still on H1 with my employer. H1 expires ( 6 yrs ) in July 09. I alredy have AP valid till Oct 09 and EAD valid till June 2010.

    My problem :
    My employer is sending me back to India since the project that i was working on is complete. Employer wants me to continue from India office.

    Questions I have :
    1. Is it OK to go back to India in this scenario ?
    2. What does it mean to my GC processing ( 140 and 485 ) if I go back ?
    3. What options do I have to come back to US after my H1 expires in July 09 ?
    4. If I somehow stay here till July 09 and get H1 extended by 1 year or 3 years ( assuming my 140 will be approved by then ) , can I safely go back in July and come back on H1 if required ?
    5. Can you please guide me on what will be the BEST option for me ??

    I need this information very urgently .. please help !
    Thanks

  • #2
    1. Tricky. Does the employer still want to employ you on a permanent basis upon approval of the GC?
    2. Must change AOS to CP (Consular Processing).
    3. You can claim remainder H1b period, find a sponsor, transfer H1b and come again. Read the FAQs. Remainder option.
    4. You need not try any specific stunt to stay. If you have an approved I-140, you can get a 3 year extension for H1b even from abroad.
    5. You need to talk to a professional.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Employer is saying that I'll be working from India office .. but given bad market condition, I am not sure what will happen once I go back, is my fear.

      Thanks for your response.

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