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
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* immaculate filing preparation - this is not some sloppy paralegal preparing your docs with bunch of misspellings and inaccuracies;
* excellent communication - forget your voice-mails with no responses or the your attorney's email black-hole. Rajiv's teams are fast in response and their answers are clear and focused on what you need to know.
* deadline oriented - with Rajiv S. Khanna's office you KNOW the answer of all your when,where,why and hows....If they commit to date - that is your filing date.You never get nonsense excuses.
* respect - all we know that immigration process is not straigth forward and trivial process. Some times things can get bumpy and you may loose your patience. At this time you need moral support and respect no less then a legal help. Rajiv's team is there for you - your best friend and guide. Actually you become at some point member of the team.
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I know at a time I sound like commercial ad, so let me put some names to my words.
My awes goes to the Mathew and Aruna team. Thank you for the excellent job done so far.
And here is my time-line:
PERM: FD: 8/11/2005 AD: 9/12/2005
EAD AD 10/4/2006
AP AD 10/4/2006
I140 AD 8/5/2006
I485 .. soon...