Employment based EB3 category Adjustment of status Application

[FanFour 0]

My I-140 got approved and current through company xyz in 2012 in EB3 category. I left USA and moved to India to get married to an Indian citizen in B1 visa (multiple for 10 years) status in 2013. I got H1B sponsored by company xyz for the same position that I was in before about 2 weeks ago, and now I am back in US to work for this company and ready to file my I-485 to apply for permanent residency.

My husband has a great career going works in India and would prefer to keep his job for another atleast 6 months to a maximum of a year.

I just got back to the US a week ago, and we are having a hard time staying separately like this.

I need some advice on the below:

1. If I file for adjustment of status, advance parole, work permit and any other application and when all gets approved within 6 months time and I have my green card in hand, how can I leave US at that point to be able to keep my green card and re-enter US after 1 year? Can I quit my job and get like a re-entry permit or use my advance parole or file any other form to go back to India and be with my husband for 1 year and be able to come back with my green card after 1 year/6 months? Or will I lose my green card? Is there any way I can keep it if I quit my job and leave right after I get the green card?

2. My husband is not able to come to US at this time to join me and file for his adjustment of status together with me. However he is able to take upto 1 month vacation at the max. During that 1 month stay in US, can he file his adjustment of status together with me, so that we can both get our green card around similar time, verses him having to do consular processing from India and wait there for a long time to get his green card. Is it possible for him to do this? As in, be in US for just a month, get everything filed, leave US and come back to US (using his B1 visa that he currently has) only for the Interview and biometrics etc stage? Or can he use his advance parole or file for re-entry permit or some other form to be able to travel back after he files for his adjustment of status together with me, so that he can leave US and not have to give up his green card application and also keep his job for another 6 months to a year till his green card is ready?

3. If these ideas are not workable, what do you suggest we do, so that we both do not have to separate for more than a few months and also be able to keep our green cards?

4. If we opted to do consular processing for the both of us from India, I am not sure if my current company that did my H1 and also processed my I-140 will still be able to offer me employment at the time the green card processing is complete. Most likely they will be ticked off if I left my job and their sponsored H1 and went back to India to do my consular processing from India. How will that affect my consular processing, since my approved and current I-140 is employment based EB3 petition.

Thank you so much for your most valuable inputs!

[FanFour 0]

My I-140 got approved and current through company xyz in 2012 in EB3 category. I left USA and moved to India to get married to an Indian citizen in B1 visa (multiple for 10 years) status in 2013. I got H1B sponsored by company xyz for the same position that I was in before about 2 weeks ago, and now I am back in US to work for this company and ready to file my I-485 to apply for permanent residency.

My husband has a great career going works in India and would prefer to keep his job for another atleast 6 months to a maximum of a year.

I just got back to the US a week ago, and we are having a hard time staying separately like this.

I need some advice on the below:

1. My husband is not able to come to US at this time to join me and file for his adjustment of status together with me. However he is able to take upto 1 month vacation at the max. During that 1 month stay in US, can he file his adjustment of status together with me, so that we can both get our green card around similar time, verses him having to do consular processing from India and wait there for a long time to get his green card. Is it possible for him to do this? As in, be in US for just a month, get everything filed, leave US and come back to US (using his B1 visa that he currently has) only for the Interview and biometrics etc stage? Or can he use his advance parole or file for re-entry permit or some other form to be able to travel back after he files for his adjustment of status together with me, so that he can leave US and not have to give up his green card application and also keep his job for another 6 months to a year till his green card is ready?

2. If these ideas are not workable, what do you suggest we do, so that we both do not have to separate for more than a few months and also be able to keep our green cards?

3. If we opted to do consular processing for the both of us from India, I am not sure if my current company that did my H1 and also processed my I-140 will still be able to offer me employment at the time the green card processing is complete. Most likely they will be ticked off if I left my job and their sponsored H1 and went back to India to do my consular processing from India. How will that affect my consular processing, since my approved and current I-140 is employment based EB3 petition.

Thank you so much for your most valuable inputs!

My I-140 got approved and current through company xyz in 2012 in EB3 category. I left USA and moved to India to get married to an Indian citizen in B1 visa (multiple for 10 years) status in 2013. I got H1B sponsored by company xyz for the same position that I was in before about 2 weeks ago, and now I am back in US to work for this company and ready to file my I-485 to apply for permanent residency.

My husband has a great career going works in India and would prefer to keep his job for another atleast 6 months to a maximum of a year.

I just got back to the US a week ago, and we are having a hard time staying separately like this.

I need some advice on the below:

1. My husband is not able to come to US at this time to join me and file for his adjustment of status together with me. However he is able to take upto 1 month vacation at the max. During that 1 month stay in US, can he file his adjustment of status together with me, so that we can both get our green card around similar time, verses him having to do consular processing from India and wait there for a long time to get his green card. Is it possible for him to do this? As in, be in US for just a month, get everything filed, leave US and come back to US (using his B1 visa that he currently has) only for the Interview and biometrics etc stage? Or can he use his advance parole or file for re-entry permit or some other form to be able to travel back after he files for his adjustment of status together with me, so that he can leave US and not have to give up his green card application and also keep his job for another 6 months to a year till his green card is ready?

2. If these ideas are not workable, what do you suggest we do, so that we both do not have to separate for more than a few months and also be able to keep our green cards?

3. If we opted to do consular processing for the both of us from India, I am not sure if my current company that did my H1 and also processed my I-140 will still be able to offer me employment at the time the green card processing is complete. Most likely they will be ticked off if I left my job and their sponsored H1 and went back to India to do my consular processing from India. How will that affect my consular processing, since my approved and current I-140 is employment based EB3 petition.

Thank you so much for your most valuable inputs!

[Visa Grant 78]

First, you both should decide where to live... either in US or India...Once that is done, then either of you can accomdate some changes/sacrifices from your sides to plan for your future..If your husband's organization has an office in US, then he can let them know of his new immigration Status and ask for change in the location and utilize his skills..

Good Luck.