麻烦皮匠老师给讲解一下这一段

"对于主申请人来说，你在境外仍然是在为雇主工作的事实，并不能帮助你什么，对于在境外工作而希望保留 I-485 的申请。相反，它 challenge 了支持你绿卡申请的在美国境内的永久职位。
因为你身处境外，你与 H-1b 或 EAD 都撇清了关系。
当你在境外停留过长，不论是否在为雇主工作，还是填 I-824 为佳。
你的 I-485 申请可能会因为不满足境内调整身份而被拒绝。"

这么说即使回国为同一个公司工作一段时间,也会有危险? 麻烦您给看一下这里,是我摘抄来的,说GC的processing 任何一段都可以不在美国进行,只要雇主最后会给你职位就可以了.





NOTE: Laws are constantly changing. While accurate at the time of the particular MurthyChat session, these Q/As are retained for archival and historic purposes and should not be presumed to be up-to-date indefinitely.



Question: I filed my I-485 in 2004, and now the PD is not current .Can I file for consular processing for my son who is in India or does the PD date have to be current?

Answer: CP is only available for dependents after the PD becomes current and the principal actually obtains the GC in the U.S. Only then may family members abroad obtain the GC through CP. The alternative is for the entire family to file for CP from abroad, but that will require the filing of the H1B for the principal and H-4s for family members in such situations. Jun-26-2006.

Question: Can one use the EB3 I-140 (approved) PD to file the EB2 case with a different employer?

Answer: Yes, that is certainly possible and is done fairly often. That earlier PD can be transferred to any employment-based (EB) filing later on, as long as the earlier I-140 petition is not revoked for fraud or revoked by the employer. Even after revocation of the I-140 petition, it is often possible to use that earlier PD, as long as a request is made in writing by quoting the regulation with the later-filed I-140 petition, filed by the new employer. Apr-3-2006.

Question: First, I would like to thank you for all your support. My I-140 got approved. My case is in EB3 category, and my priority date is May 1, 2003. My question to you is can I leave the country now, go back to India, work there until my priority date becomes current and then come back and apply for I-485?

Answer: It is always a pleasure to help others who are going through what I personally went through with little support years ago. I feel very good about being able to help others now. Yes, it is certainly possible to go abroad, live and work there until the PD becomes current, and then either enter on the H1B and file the I-485 or, better still, file for consular processing from abroad so that, after the PD becomes current, the entire family can obtain their immigrant visas from abroad and enter as permanent residents to the U.S. That is better than having to wait another 2 years for the I-485 to be processed after entering the U.S. since CP is usually faster if one is abroad. Mar-13-2006.

Question: Is it possible to transfer an adjustment of status case to consular processing after I-140 approval and 180 days of I-485 pending?

Answer: Yes, it is possible to convert the I-485 to a CP case after the I-140 approval and the I-485 pending for over 180 days, and then actually enjoy AC21 portability under the U.S. Department of State guidance on this subject. The only downside is that, if the PDs are not current, then the I-485 allows the person and the spouse to obtain annual EAD extensions. Filing for the CP does not provide any interim relief like the EAD and AP, and the spouses will need to file for H1Bs to be able to work legally in the U.S. Mar-6-2006.

Question: Can we continue the rest of the GC process from India, where currently labor is being process through PERM?

Answer: Yes, one is allowed to process the entire GC from abroad since the concept of the GC is based on a future job. Jan-16-2006.

Question: For how long can I go to India when my GC is under processing? Can I stay in India and get my GC processing done if the employer is okay with it?

Answer: Yes. Before one obtains GC status, s/he is allowed to remain anywhere in the world, since the GC job offer is based on a future job offer. On the other hand, after a person obtains the GC, s/he is required to live and work in the U.S. as a permanent resident. Jan-9-2006.

Question: After applying for I-140, can an H1B person leave the job and go back to India and apply for consular processing once the I-140 is approved and visa dates become available?

Answer: Yes, a person is certainly able to return to the home country while waiting for the visa numbers to become current after the I-140 is approved, assuming that the sponsoring employer is willing to wait for the individual to join that employer while the person chooses not to work for that employer but remain abroad. The GC is based on a future job offer, so, as long as the parties agree, such an arrangement could work out. Nov-28-2005

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• It's appreciated to make your point and support it - 回复：麻烦皮匠老师给讲 -pjiang- ♀ (43 bytes) () 06/26/2008 postreply 09:24:42