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I-140 , Retain Gc Priority Date!

Discussion in 'I-140 petitions' started by R0bin, May 29, 2017.

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  1. R0bin

    R0bin New Member

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    Hi,
    I appreciate, if some can answer this:

    My I-140 is approved and my priority date is not current, I am still waiting to get my date current.

    1) Is it possible for me go to my home country and work for 6 months to 1 year for same employer ( as my employer has offices in my home country) and then come back on same H1B? I am not sure for how long I can be at my home country and out of USA. ( not sure if 6 months to 1 year is possible?)

    2) If above is not possible then,
    Its highly possible that my company will transfer me to my home country branch for 1 year ( assuming my location and salary is in accordance to my home country and then call me back? ).
    I understand that I need to get H1b visa stamped but would I be cap exempt ( as my I140 is still approved )?

    Assuming , After I get in to USA with new H1b stamped then I feel, I have to go for Labour, I140 approval but my priority date remain intact.
    I think I can still use my old priority date ( thats different that I have to go for whole process again). Let me know if its correct?

    Thanks a lot for your help!

    Thanks
     
  2. donisback

    donisback Guru

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    1) Yes . Gc petition and h1b are independent.
     
  3. R0bin

    R0bin New Member

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    Thanks , so if I come back to USA after a year ( same employer, on same I 140 ) , will it be a cap exempt?
     
  4. donisback

    donisback Guru

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    once an i-140 is approve , your priority date is locked in and you wait until your PD becomes current to file i-485. Plus you dont have to be in US to file i-485. you can stay in your home country and file for AOS for your i-485 that will grant you EAD/AP

    You can come back anytime if you have a valid job offer
     
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  5. R0bin

    R0bin New Member

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    Thanks a lot for clarifying . I was confused with fact that if i have to come back to USA anytime then I Agaun have to go to 65k cap H1b quota. So if i understood correctly , It will always be cap exempt as long as I have approved I140.

    thank you again
     
  6. donisback

    donisback Guru

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    correct
     
  7. Santy

    Santy Guru

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    I am not sure about the statement that you will be cap exempt even if you are out of country for a long time.
     
  8. donisback

    donisback Guru

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    fyi: If you remain outside the US for longer than one year, and your last H petition has expired, you are definitely subject to the cap.
     
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  9. R0bin

    R0bin New Member

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    Then whats the point with approved I140 ? regardless of u have approved 140 or not , you have to go through the H1b quota if u resides more then a yr outside. Moreover why company will file for h1b petition if you are gng to work from ur home country ?
    I heard some people go back go home country with 140 approved and come back to usa after their date is current.
     
  10. R0bin

    R0bin New Member

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  11. R0bin

    R0bin New Member

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  12. New Guy

    New Guy Senior Member

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    You are confusing between h1B and gc, when your dates are current or you get your GC, you don't need to be on h1b
     
  13. R0bin

    R0bin New Member

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    Sorry , yeah I am confused,
    It means that I can work from my home country and when my dates are current , I will get my GC but point is I have to be in US when my dates are current but to come to USA, I need valid H1b visa and If i have stayed longer then 1 year in my home country then I have to go through H1b cap again. If I m not lucky then I may not get H1b in lottary and hence wont able to come . Is it correct? or I can get GC without coming to USA? I mean go to US embassy in India and get GC and then travel to USA?I dont think that USICS will give GC that way otherwise lots of people will start doing that.

    Sorry,if I am asking stupid questions.

    Thanks
     
  14. donisback

    donisback Guru

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    H1b and GC are independent. If you have used your H1b for 6 years and than stay out of US for more than a year , you will be subjected to cap if you want to come back in H1b.

    You can file your final stage of GC, which is i-485 either through Consular processing or through adjustment of status if you are in USA. If you choose consular processing you will go to the consulate in your home country to complete your i-485 process.
     
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  15. New Guy

    New Guy Senior Member

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    You don't have to be in US, as GC is for future employment... You can get your GC thru consular processing... You can then travel with your GC, you wouldn't need a H1B.
     
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  16. R0bin

    R0bin New Member

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    Great thanks for clarifying Guys.

    Thank you again!
     

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