How long approved and withdrawn I140 valid for porting...

[i_like_usa 0]

Hi,
Here is two hypothetical I140 validity scenarios. I sincerely appreciate your response

Scenario 1:
Company A files I 140 and it gets approved. After approval I move out of US to different country. How long this apprved I140 is valid? E.G If my priority date becomes current for this I140 after few years while I'm outside US, Is it mandatory to proceed with consular processing immediately once PD is current? or is there an option for me to defer for few more years?

Reason is I may need to stay for few more years in other country to meet the citizenship eligibility, I cant abandon it. In that sitation is it possible to postpone my consular proceessing for the Green card for the approved I140?

Scenario 2:
Company A files I 140 and it gets approved. After approval I move out of US to different country. Later COmpany A withdraws my I140. Once after X years, can I proceed with new H1b with a employer and enter the country and file new GC and use the old PD ?

In case of withdrawn I140, How long it is valid for porting it to new employer/i140? In my case, I assume it will be 5 to 6 years after the I140 approval.


Thanks in advance for your repliy

[milimelo 4,539]

Both good questions for an employment based immigration lawyer.

Doubt you'd find anyone on family based immigration forum who'd be able to answer your questions.

[Mollie09 1,543]

Considering this is posted under the "Non-Family Based" section, in "Work Visas", I think he's definitely come to the right place to ask these questions.

However, these are very case-specific and I don't know if you'll find someone with a similar situation. My impression has always been that once a I-140 is approved you have a certain window of time to file for a green card. You might be better off at trackitt.