URGENT ! Can I get GC while being on LOA ?

[gordongl]

Hi,

I work in California.

My company is giving me the option of transferring to India indefinitely until work becomes available here. I can also take LOA (Leave of absence, with no pay) if I wish.

In February of this year my I-140 was approved, a few weeks ago my consular processing form was submitted so my GC interview will be in London (my home country).

I heard that the Consular processing should take 2-4 months since I have a British passport, is this correct ?

If I take LOA will it affect my GC interview in the future? Will they refuse to issue me a GC after being on LOA for 2-4 months?

Thanks so much !

Gordon Glover

[kw177]

URGENT ! Can I get GC while being on LOA

Not Legal Advice:

Yes you can.

The job is a job in the future. As long as you still intend to work for your employer (and your employer is still intending to employ you) immediately upon arrival back in the US you should have no problems.

As long as your LOA is not because they can't afford to pay you at the moment (in which case the consular officer might determine that they wont when you get back).