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Can my green card be processed outside USA

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  • Can my green card be processed outside USA

    I have a doubt in below scenario. Please help.

    If a person currently working for employer 'A' and has approved labor and approved I-140 from a company 'B' with PD as 2007 in EB-2 for future employment.

    If he decided to move back to india and employer 'company B' agrees not to cancel/revoke his I-140.

    1. What would be the impact of his green card processing. I mean Is it lost because because employee has gone out of usa or is it still in process.

    2. If the GC still in process, Does he need to come back to USA at the time before or after I-485 (provided PD becomes current). Does he needs to work with company 'B' which is processing GC.

    3. By any way, if the employee decides not to come to usa, Is there any option that employee can still retain GC processing.

    please reply and thanks for your help in advance.

  • #2
    1. No
    2. Depends. Can go with CP instead of AOS. Would need to transfer the case though to the consulate by filing I824.
    3. If he doesn't want to come to US, what is the point in continuing the GC? Seems fishy and fraudulent.

    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
      Sorry, its my mistake, I haven't put my words correctly.
      Please read 3rd question as below.

      3. By any way, if the employee decides not to come to usa until i-485 process begins or gets approval, Is there any option that employee can still retain GC processing.

      It seems that answer to above question is to change CP instead of AOS.

      Please confirm. Thanks in advance.

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