Other Employment-Based Greencard/I-140 General Issues
Will moving to India for 1 year and staying there without job will affect my petition in anyway?
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1. Will moving to India for 1 year and staying there without job will affect my petition in anyway? Do I have to be in US all this time? I read that I can opt for CP which will allow me to be outside of US while my petition is under review.
2. As my employer might revoke my 485/140 after I resign in April. Can I still use the PD from this 140 for my NIW?
3. How can I add my family (my wife and daughter) to petition if I opt for CP instead of AOS?
1. You do not need to remain in the US while your I-140 is being processed. But, in order to qualify under EB-2 NIW and EB-1A, you must demonstrate that you plan to continue to work in the US in your field of expertise. If you are not employed in the US, you can provide a detailed, personal statement regarding your plan to work in the US in your field of expertise.
If you are outside of the US after your I-140 has been approved, then instead of filing an I-485 for adjustment of status, you will need to apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as “consular processing.”
2. No, if your I-140 is revoked, you cannot port the priority date to your EB-2 NIW petition.
3. At the time we file your I-140, you can indicate that your wife and daughter will be applying for an immigrant visa abroad, instead of filing I-485s.
