Leaving country while waiting for priority date to become current

[ankitbarot.msccait]

Hi,

My friend had below situation and need some kind of guidance, could someone please help with suggestions

1. He is in the USA on H1 since many years and have approved I140 having the priority date established.
2. He would have to move back to his country for few years and willing to come back when his priority date becomes current.

So the questions he has are,
1. Will his Green card processing continue even if he is not in USA?
2. When his priority date becomes current, how can he come back to USA? What options would he have at that time to continue his Green card processing?

Any help would be a great help.

[newacct]

1. yes, as long as the employer that petitioned him is still waiting for him to come work for them after he immigrates
2. he does consular processing in the US consulate in his home country for an immigrant visa

[ankitbarot.msccait]

2. he does consular processing in the US consulate in his home country for an immigrant visa

Thank you for the reply. 1st makes sense to me but for 2nd, Does this mean, he had to apply for New H1 at that time and application had to be picked up in lottery in that year?

[newacct]

Thank you for the reply. 1st makes sense to me but for 2nd, Does this mean, he had to apply for New H1 at that time and application had to be picked up in lottery in that year?

Those two things are unrelated. H1b is a nonimmigrant visa to work temporarily in the US. He will be applying for an immigrant visa to immigrate to the US (i.e. become a US permanent resident).

[ankitbarot.msccait]

Those two things are unrelated. H1b is a nonimmigrant visa to work temporarily in the US. He will be applying for an immigrant visa to immigrate to the US (i.e. become a US permanent resident).

Highly appreciated the prompt replies. So would he need anything from his employer when the PD becomes current? If so he is still dependent on the same employer correct?

[scientist2016]

Highly appreciated the prompt replies. So would he need anything from his employer when the PD becomes current? If so he is still dependent on the same employer correct?

Yes. When his priority date becomes current, he files for his immigrant visa using the consular processing route. (If he is in the US at that time, he would file the I485, AOS form instead). If he does not want to join the petitioning employer or the petitioning employer ceases to exist, etc., he can port his priority date to another employer using the provisions of the AC21 act. For that his greencard application should have been pending for more than 6 months, and the move should be to a position that has the same profile as the position that was petitioned for in the I140.