H1B to GC Stage 1 - Staying Outside US

[dhrumiljoshi]

Hi,

I recently got my H1B approved and my company will start GC process after a couple of years. Meanwhile I plan to get married but since my dependent will not be able to work unless the GC I-140 is completed. During that time, I plan to stay in India with the same companies India Division and meanwhile my company applies for GC. I stay in india till my dependent is eligible to work. Once she is, I will move back to US with the same company.
Is this possible?

Thanks for the help

[raghvi]

Hi,

I recently got my H1B approved and my company will start GC process after a couple of years. Meanwhile I plan to get married but since my dependent will not be able to work unless the GC I-140 is completed. During that time, I plan to stay in India with the same companies India Division and meanwhile my company applies for GC. I stay in india till my dependent is eligible to work. Once she is, I will move back to US with the same company.
Is this possible?

Thanks for the help

Yes it is possible, but the time taken to get I140 approved is around 12-18 months and I believe your company is not starting GC process for another 2 Years, you probably are looking at around 3.5 Years of wait time before your spouse can work. If you and your employer are fine on you being out of US for that long, then it is possible.

This is my opinion not legal advice.

[dhrumiljoshi]

I saw that the maximum time for PERM approval is around 12 months. In exceptional cases it might go upto more than 12 months. Also there is an option which says "Also, there is an expediting option available, Form I-140 Premium Service, for Form I-140 petition. The employer can pay an extra $1000 fee and request premium processing within 15 calendar days of receipt". I can communicate with the employer about expedited process.

Also I will move out of US after my company commits to start the processing. So that I do not have to stay more than like a year. I can try and postpone other things

Thanks for your reply.