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Consular Processing on Final Action Date

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  • Consular Processing on Final Action Date

    Hi,
    I was in US for 12 years and filed for GC in EB2 Category. My Priority Date is Jun 20 2012.
    Currently I am in India working for same company. I see that Final Action date is Sep 2011 and chances of getting it current
    In case my Priority date becomes current , can I opt for Consular Processing through my home country India? If Yes, What all steps I have to do for Consular processing?
    My I-140 is approved and my application is still valid

  • #2
    If your I-140 indicated that you will do Adjustment of Status, and you want to switch to Consular Processing, your company (the I-140 petitioner) would have to file I-824 to move the approved I-140 from USCIS to NVC.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you for your reply.
      I'd like to add to the previous question. What if my employer refuses to file my I-824? What are my other options for filing an I-485?
      Another question: if my priority date becomes current but I don't claim it for more than a year, can I still claim it after I get in the United States? I'm just wondering whether I have any options if I come to the US through another job if my present employer does not allow me the opportunity to return to the US.

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