麻煩皮匠老師給講解一下這一段

"對於主申請人來說，你在境外仍然是在為雇主工作的事實，並不能幫助你什麽，對於在境外工作而希望保留 I-485 的申請。相反，它 challenge 了支持你綠卡申請的在美國境內的永久職位。
因為你身處境外，你與 H-1b 或 EAD 都撇清了關係。
當你在境外停留過長，不論是否在為雇主工作，還是填 I-824 為佳。
你的 I-485 申請可能會因為不滿足境內調整身份而被拒絕。"

這麽說即使回國為同一個公司工作一段時間,也會有危險? 麻煩您給看一下這裏,是我摘抄來的,說GC的processing 任何一段都可以不在美國進行,隻要雇主最後會給你職位就可以了.





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