Guestbook Entry for Sudhir Malhotra, United States
Name
Sudhir Malhotra
Country
United States
State
IL
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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
Regarding my parents' immigrant Visa through consular processing at New Delhi I would like to thank the team at Atty Khanna's office. We filed in July 2009, and got it in May 2011. During the process there were many challenges, the department requested a few documents over and over again, and sent their papers to Lahore consulate (they were born in Lahore, undivided India). Each challenge was met and finally the got the permamnent Visa. I wish to thank Prernaji, Atty Chacko and the rest of the Team at Law offices of Rajiv S. Khanna. Without their support and guidance, it would not be possible for me to get this done on my own. Thanks again.