Options for Career or School, While Employment-Based Green Card is Pending

I have been working on H1B for a IT consulting company ( employer A), at a client location. My employer will file for I 485 in about 2 months. I am thinking of a few alternatives and wanted to understand the scenarios in which my GC petition might get cancelled or denied by the USCIS or considered abandoned by me. What precautions I need to take if I follow any of the below scenarios.
1.Take a job with a different employer ( may or may not be same/similar to the job with employer “A” )
2. Leave and join a graduate program full time ( may be after I get EAD, so that I do not have to change to F1 student visa)
3. Leave the employer A and leave the USA, go to home country, India. I may or may not take a job in India which may or may not be same/similar to the job with employer “A”

Printer-friendly versionPDF version
ANSWER: 

Watch the Video on this FAQ: Options for career or school,

while employment-based green card is pending


Video Transcript

1. The moment your I-140 is approved the priority date becomes yours. But you will have to start the green card process all over again.

2. I would be hesitant to say that it is a safe option.

3. If you go to India the only thing you will keep is your priority date and the priority date will remain your's forever. The only time you lose your priority date under the current regulations is if your I-140 is revoked for fraud or misrepresentation. FAQ in detail...

 

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment