Legal Question in Immigration Law in California

Hi,

I am currently on an H1-B visa and planning to Join a company who will transfer my H1-B. The company plans to transfer me to India for about a year. Can the company start/continue green card processing during this time I am not in the US if I was hired in US but transferred out of the country by the company?

If yes, when my priority date becomes current, can I file for my 485 without being in the country?

Thanks

Dave


Asked on 7/01/11, 11:14 am

2 Answers from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

The green card process can be started through the filing of PERM even if you will not be in the U.S., as long as the company plans on offering you permanent, full-time employment in the future, i.e., when adjusting status or going through consular processing for an immigrant visa. The following page from our website is helpful: www.h1b1.com/laborcert.htm

You can call our law firm during business hours at 212-268-3580, or email [email protected] for guidance.

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Answered on 7/01/11, 11:32 am
Taraneh Khorrami Law Offices of Taraneh Khorrami, APLC

Yes, your prospective new employer can start the green card process while you work in India. However, you have to be in the country in order to file your I-485, application for adjustment of status. You will have to obtain your immigrant visa through the consular processing.

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Answered on 7/06/11, 1:16 pm


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