Tired waiting for green card

[venkatdabri]

Hello,
My GC priority date is Aug 31st, 2009. I am tired waiting for the date to become current and I am thinking of moving to another country. I recently heard that even if I move to another country I can still avail of my GC priority date by doing consular processing. So if I lose my H1B status I can still get my GC from outside the country. Is that correct?

[scientist2016]

Yes

[venkatdabri]

So how does the process work? Let's say my GC priority date becomes current and I am outside of the country and don't have a H1B. Will I have to get a new job from a company in USA in order to get my GC processing done? Or can I just go to the US consulate of that country and then get my GC processed?

[R78]

Since you have not yet filed for I-485, when the date becomes current, you will need an offer letter from the same company that sponsored your green card petition.
Unless you have this letter, your I-485 (consular processing) could result in denial. Afterall, the intent is to join the sponsoring company

[venkatdabri]

Since you have not yet filed for I-485, when the date becomes current, you will need an offer letter from the same company that sponsored your green card petition.
Unless you have this letter, your I-485 (consular processing) could result in denial. Afterall, the intent is to join the sponsoring company

Does it have to be the same company or can it be some other company?

[R78]

Same company (Petitioner)
A different company would only factor in if you had already filed for I-485 and it was pending for over 180 days. In this case, you just file an AC21 letter and you'd be good to go.

[venkatdabri]

So basically what you are saying irrespective of whether I am in the country or outside of it, the process is the same if you have an approved I140? If I go to the same company I get to immediately apply for consular processing with an offer letter . If I go to a new company I have to get my cap exempt H1B and then file my GC from start labor approval and all.

[R78]

So basically what you are saying irrespective of whether I am in the country or outside of it, the process is the same if you have an approved I140? If I go to the same company I get to immediately apply for consular processing with an offer letter .
> You can only apply for Consular processing if priority date is current. And you must have an offer letter for the same sponsoring employer.

If I go to a new company I have to get my cap exempt H1B and then file my GC from start labor approval and all.
> YES, but you retain your original priority date