Consular processing question

[dipan]

Hello,
I am working with a company, which doesn't have any office outside USA. They applied for my green card and I am on I-140 since past 3 years. I will need to move to India for long term considering some family priorities and responsibilities. I have very good terms with manager, senior management and directors here.
In past few posts here I am seeing an option. Please advice if I am reading it correct - I can resign from my present company. Since its been more than 3 years my I-140 was approved, my application will not be revoked. I can join new company in India. I will need to proceed with consular processing and when PD will come current, convince management in my present company in US to hire me. At that stage, will I need to be picked in H1b lottery again? Because I won't have any visa to enter in US. Am I correct here?
If this is one option, I can try to make it work. Otherwise my next option is to, join a company in US which will have office in India too. Port my GC application with that new company. And later, ask them to move me to India office.
Please advice.
Thanks

[newacct]

If the company that filed I-140 for you continues to offer to employ you after you immigrate, you can continue to immigrate on that petition, no matter where you are, or who you work for. It doesn't matter if your I-140 is approved or not. It doesn't matter if you are currently working for the company or not. It doesn't even matter whether you have ever worked for the company or have ever been in the US. The only thing that matters is that you and the company plan to have you work for them if and when you get your green card. If you cannot be in the US, then you can get your green card by Consular Processing for an immigrant visa at a US consulate abroad (the company would have to switch it to Consular Processing for you). You don't need to get H1b or be in the US in any status. When you enter the US with your immigrant visa, you will be a US permanent resident (i.e. green card holder).

Your mention of how long your I-140 has been approved seems to indicate that you are confusing this with the portability provisions. Basically, what portability is is that, if you have an Adjustment of Status (I-485) application that has been pending for at least 180 days, then if the I-140-petitioning company withdraws the I-140, it won't revoke your I-140, and you can continue to immigrate on that I-140 and I-485 (without a new company needing to file a new one), if you are working in the US in a similar job. So this only matters in the case where the company ceases to offer to employ you (that is why they withdraw the I-140), and your I-485 must have been pending for 180 days (whether your I-140 is pending or approved and how long it has been approved don't matter), and to take advantage of this, you must stay in the US and work in similar jobs. In this case you would be staying in the US, getting a green card via Adjustment of Status (the process of getting a green card from within the US), not Consular Processing. You can stay in the US since you have a pending I-485. You can work for the company on either your EAD, or some other status (e.g. H1b, etc.) if the new company will sponsor it.