I140 Approved, in India. PD is current

[vinodkpr]

Hi,

I am on EB3 and I 140 was approved in June 2007. My Priority Date is Oct 2006. From visa bulletin I see the PD is now current ( Jan 2008).

Can you help with this ? Apologies for longer post/multiple questions.

1. am I right on the PD status ? I looked at the table below DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS in Visa Bulletin

2. I am in India for family reasons and cannot travel near term. I am with the same employer who filed by PERM/I140 and not planning to switch employer. Employer is willing for H1B stamping any time when I am ready as H1B is non-cap. For I 485 I have to bear all expenses.

a. Can I file I485 from India without renewing my H1B/H4 ? I read about Consular Processing. Can I do that? If so are there any recommended attorneys in India who can help with that?

c. If Consular Processing is possible and if I get 485 approved, how soon I have to travel to US with family ?

b. Is there a possibility of filing I 485 at a later stage (say after 5 years) with same employer? Basically will this I 140 expire if I 485 is not filed within a period after PD is current.


Please provide your expert opinion.

Thanks,
Vinod

[scientist2016]

1. Nope. You read the bulletin wrong. USCIS has specified that you should use the final action dates chart. So, current PD for EB3 India is: 15 Oct 2006. So, if your PD is prior to that, you can file for GC.
2. I485 is AOS, which means you should have a status in the first place to be able to adjust. Since you are out of the US, you do not have a status, and hence cannot do I485.
3. Yes, you can do CP, and it can be done whenever you want, as long as your PD is current at that time. So, you can do CP 5 yrs. later too, if your PD is current, and the I140 has not been revoked. A H1B/H4 is for you to be able to legally stay and work in the US. if you are outside the US, I do not see why you would want to renew it.