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Dear experts,

I am seeking your advise in regard to the following matter:

1. I-140 has been file while a person in the US. Now it is taking a
very long time to get this form approved. Can this person leave US
while waiting for this form to be approved and once it has been
approved apply for a green card in the US consulate abroad ?

2. If the answer to the first question is NO can this person wait
until the I-140 approved and then leave US and apply for a green card
in a US consulate (I-485 also has been filed but it is taking even
longer than for I-140 to be approved).

3. What happens if the priority date for I-485 will be reached before
I-140 is approved ?

Thanks in advance

Jozef

"google" <[email protected]> wrote in message
news:[email protected]...
    > Dear experts,
    > I am seeking your advise in regard to the following matter:
    > 1. I-140 has been file while a person in the US. Now it is taking a
    > very long time to get this form approved. Can this person leave US
    > while waiting for this form to be approved and once it has been
    > approved apply for a green card in the US consulate abroad ?

Yes.

    > 2. If the answer to the first question is NO can this person wait
    > until the I-140 approved and then leave US and apply for a green card
    > in a US consulate (I-485 also has been filed but it is taking even
    > longer than for I-140 to be approved).

    > 3. What happens if the priority date for I-485 will be reached before
    > I-140 is approved ?

To be safe you should withdraw it, but the I-485 application will be
considered abandoned when you leave the US anyway.

Sylvia Ottemoeller

"Jozef" <jozef.*take this out*[email protected]> wrote in message
news:[email protected]...

    > "google" <[email protected]> wrote in message
    > news:[email protected]...

    > > I am seeking your advise in regard to the following matter:
    > >
    > > 1. I-140 has been file while a person in the US. Now it is taking a
    > > very long time to get this form approved. Can this person leave US
    > > while waiting for this form to be approved and once it has been
    > > approved apply for a green card in the US consulate abroad ?
    > Yes.

Yes, assuming that the job offer as described in the I-140 remains open to
the person.

    > > 2. If the answer to the first question is NO can this person wait
    > > until the I-140 approved and then leave US and apply for a green card
    > > in a US consulate (I-485 also has been filed but it is taking even
    > > longer than for I-140 to be approved).

Yes, but there is one extra step. The person must file Form I-824 asking
that the National Visa Center be notified of the I-140 approval.

If the person leaves the U.S. and does not file anything more, the I-140 may
be approved, but then nothing else will happen.

I-824s are taking over a year at the California Service Center. I strongly
suggest that you consult with a good immigration lawyer if you want to try
this strategy.

    > > 3. What happens if the priority date for I-485 will be reached before
    > > I-140 is approved ?

I don't understand what you mean by "priority date" for I-485. I-485 do not
have priority dates. Only immigrant petitions (I-130, I-140, I-360) have
priority dates.

If you mean usual processing time for the I-485 -- I-485s take much longer
than I-140s at all the Service Centers.

    > To be safe you should withdraw it, but the I-485 application will be
    > considered abandoned when you leave the US anyway.

Jozef

"Sylvia Ottemoeller" <[email protected]> wrote in message
news:[email protected]...
    > > > 1. I-140 has been file while a person in the US. Now it is taking a
    > > > very long time to get this form approved. Can this person leave US
    > > > while waiting for this form to be approved and once it has been
    > > > approved apply for a green card in the US consulate abroad ?
    > >
    > > Yes.
    > Yes, assuming that the job offer as described in the I-140 remains open to
    > the person.
    > > > 2. If the answer to the first question is NO can this person wait
    > > > until the I-140 approved and then leave US and apply for a green card
    > > > in a US consulate (I-485 also has been filed but it is taking even
    > > > longer than for I-140 to be approved).
    > Yes, but there is one extra step. The person must file Form I-824 asking
    > that the National Visa Center be notified of the I-140 approval.
    > If the person leaves the U.S. and does not file anything more, the I-140
may
    > be approved, but then nothing else will happen.
    > I-824s are taking over a year at the California Service Center. I
strongly
    > suggest that you consult with a good immigration lawyer if you want to try
    > this strategy.

Thanks for filling in the holes in my post Sylvia! :-)

Michael E. Piston

Another option would be to leave the U.S. with advance parole, which
is normally good for a year, or an H or L visa, which may be good for
3 years, then return when the I-485 is approved, or prior to the
expiration of your travel document, whichever comes first.

Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 206/770-6350

The statements above have not been confirmed by legal research, and
are not intended as legal advice nor to create an attorney-client
relationship.SEND ANY FOLLOW-UP QUESTIONS DIRECTLY TO
[email protected]. DO NOT POST FOLLOW-UPS TO THE NEWSGROUP.

[email protected] (google) wrote in message news:<[email protected]. com>...
    > Dear experts,
    >
    > I am seeking your advise in regard to the following matter:
    >
    > 1. I-140 has been file while a person in the US. Now it is taking a
    > very long time to get this form approved. Can this person leave US
    > while waiting for this form to be approved and once it has been
    > approved apply for a green card in the US consulate abroad ?
    >
    > 2. If the answer to the first question is NO can this person wait
    > until the I-140 approved and then leave US and apply for a green card
    > in a US consulate (I-485 also has been filed but it is taking even
    > longer than for I-140 to be approved).
    >
    > 3. What happens if the priority date for I-485 will be reached before
    > I-140 is approved ?
    >
    > Thanks in advance