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My company filed I-140 concurrently with I-485 under the EB1 category in the third week of Feb 2013. Subsequently my L1A extension got denied in March and I had to leave the country since I did not have the EAD/AP in place when the L1A was denied and I was already on extension time with regard to the L1A expiry date (18th October 2012).
I understand from my company's immigration counsel that the I-485 concurrently filed would also become invalid because I left the country and I did not even get a chance to do the finger printing. A decision on the I-140 is however still pending.
My question is if I-140 gets approved (I understand this is a parallel process), do I have the opportunity to start a consular processing for immigration through the Indian consulate? Is this a reasonable assumption or is the door closed on this route also? Some are saying that even if I get the green card through consular processing this way, the entry may be restricted because of the I-485 ineligibility.
I would be thankful to anyone throwing some insight in this situation. I am currently in India working for the same company and same project on US time to get the same work done.
I understand from my company's immigration counsel that the I-485 concurrently filed would also become invalid because I left the country and I did not even get a chance to do the finger printing. A decision on the I-140 is however still pending.
My question is if I-140 gets approved (I understand this is a parallel process), do I have the opportunity to start a consular processing for immigration through the Indian consulate? Is this a reasonable assumption or is the door closed on this route also? Some are saying that even if I get the green card through consular processing this way, the entry may be restricted because of the I-485 ineligibility.
I would be thankful to anyone throwing some insight in this situation. I am currently in India working for the same company and same project on US time to get the same work done.
