I-140, I-485 & GC - after moving to India


#1

Hello everyone,

I never thought that I would want to stay in the US when I first came here. It changed after I got my first job, and I never thought that I would ever want to go back. But now, with everything that is going on, I am contemplating a few things before making any serious decision about a move.

My big question is - if you have an approved I-140 (which now employers cannot revoke after having worked for the said employer for more than 180 days after approval) - does your application stay in processing if you move back and does it get processed as normal - if you move back to India and are no longer working in the US? And if yes, can you come back and get your GC?

Thanks,
Alister Ernest
alisterernest@gmail.com


#2

Hi Alister,

I’m no attorney. But from what I understand you have to remain in the US for X amount of days or better said you cannot travel outside during a specified period of time after the approval.


#3

Hi Mahesh,

Thank you for the reply.

By that do you mean that you would have to stay 180 (assuming that X is 180) days after I-140 approval and then you can be out of the country and your GC application will still be processed?

Thanks,
Alister


#4

I am no attorney either, but my understanding is your GC PROCESSING will go on, as GC application is for a future job. Just my opinion, Not sure if is a correct understanding


#5

My understanding is you can stay out of US only for 6 months minimum. It also depends on how close you are to getting your GC. i.e if you are in the final months, you are not allowed to stay out of US at all. I know a friend who had to go back home due to family emergencies and lost his GC status.


#6

I checked with our attorney at work who told me you don’t loose your GC priority date.


#7

Thank you Neha, that is good information.


#8

Super! All the best @alisterernest - Have you moved already? Let us know your experience.


#9

@Shivani , I have not moved back. A lot of things in flight due to which we still have not been able to make a decision. Will update as it goes!