Guestbook Entry for Suresh Hindupur , United States
Name
Suresh Hindupur
Country
United States
State
CT
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Green Card through Consular Processing with Approved I-140
Question details
Question 1. I have done MS from US and worked on H-1 for 5 years. Started GC process, I-140 approved with Priority date May 2011. Came to India for H-1 stamping and it was denied twice. If I apply for my H-1 and if I don't get H-1, then can my employer continue processing my GC through Consular Processing when I am in India. Also is there any law stating that my employer can not keep the I-140 when my H-1 has been expired & if it so then for how long can my employer keep my I-140 active?
Question 2. If my employer revoke my I-140 & if I come to US on any other visa, then Can I process my GC and port the PD ?
Answer 1. As long as the job offer exists and the employer is capable of paying the wages, the green card process can go on, even though you are not in USA. You should discuss this matter in detail with your lawyers to better understand the implications. Also, I-140's do not expire.
Answer 2. PD can be ported even if the 140 is revoked by employer. I have a video on this issue
Hi Rajiv, I am pleased to let you know that I have got my CP done succesfully in Chennai. I returned back to US thru JFK on 13th and I had smooth passage in Port of Entry also. I wish to thank you and your office for the excellent legal service provided to me in my case. Your staff was highly proactive in their approach and helped me to a great extent. Please let me know if there are any formalities that need to done at this stage. I have made the complete payment and nothing is pending from my side. I wish to refer couple of my friends to your office if it is OK with you. Please let me know if you have any questions. Regards, Suresh Hindupur Object Xperts Inc.