Green Card through Consular Processing with Approved I-140
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
Both my L1A visa related work and my EB1C related work is done by Rajiv's Law office. My experience with them was simply awesome. They know the process well and they 1st understand the profile and about company and guide us accordingly. I think they are really a subject matter expert in this. Also I appreciate the response time, Anna worked on my L1A and Diane worked on my GC application and both were kind, pateient and prompt in responding any query. They patiently asnwered all my queries during the process. I got my GC in 2 month's time after filing and it was quick. You get personalize service during the process and which is very important since you are sure about what you are submitting to the department. Overall it was very plesant experience working with Rajiv's office and will definately recommend this office for all future immigrants. Good luck Rajiv and his team.