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EB1 - applied i140 (moving out of country and switching job)

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  • EB1 - applied i140 (moving out of country and switching job)

    Hello experts

    I am currently on a L1A visa and with a pending i140 ; with priority date of Dec 2018. I am contemplating a move back to India and wanted to check the impact on my application hence below questions/queries.

    1) Can i still apply for i485 and EAD while in India once the date becomes current?

    (assuming answer to question -1 is Yes)
    2) Do i need to maintain the employment with the same company as i have now OR i am allowed to change jobs.

    3) Lastly will the situation would be any different if i had an approved i140 application vs pending i140. The move is still few months away so am hoping it will be approved in meantime but wanted to ask.

    thanks in advance.

  • #2
    1. I485 is filed for AOS i.e., you should already be in the US. So answer is "No".
    2. The petition is for your employer to transfer you as an intra-company move. So you cannot change jobs.
    3. No.
    Just an opinion; Not legal advice.

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