Legal Question in Immigration Law in New York

Can I with an approved I-140 and with current priority date, but no longer employed with the company that sponsored the I-140, and out of USA for 8 months now, with a H1B valid till Feb 2015 apply for consular processing of green card from my home country? At this time, I have no employment with any company in USA, but do intend to go to USA once the green card is processed from my home country itself if possible along with my savings and find employment once I get to USA. Must I be currently employed with a company in USA to apply with consular processing? Thank you so much.


Asked on 3/12/14, 6:20 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

The company that sponsored you for the I-140 petition must still be willing to hire you on a fulltime basis once you get your greencard, and you must still have the intent to work for them immediately upon obtaining your greencard. You, however, do not need to be employed by them currently.

If the intent is there for both parties involved, then you can consular process your employment based immigrant visa case (although it is not guaranteed that you would be approved if the consular officer does not believe that genuine intent by both parties is there).

If not, then you are not eligible for an employment based immigrant visa just because you have a previously approved I-140 petition.

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Answered on 3/12/14, 11:33 am


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