Can I stay in India after approved I-140 for entire process of GC?

[Dipan]

What is the name of your state? WA

Hi,
My I-140 was approved 6 months back. Due to some responsibilities, I have to resign from this US organization, go back to India and stay/work there for extended period.

• Is it possible, I can keep my GC process live (without efforts from employer, because I would have resigned from there already), while I am in India ?
• If this is possible, can I stay in India till my GC is approved ?

Thanks

 

[FlyingRon]

The problem is not so much that you are leaving the employment of the company that sponsored you for the I-140, but that you intend to leave the US for a protracted period. To keep the application active you have to be in the US and working for the employer or in a substantially similar position at another company. Even if you had your green card ISSUED, you can lose it if you spend enough time outside the US that they consider that you've abandoned your intent to reside in the US. The green card is for people who intend to permanently immigrate to the US, not some convenience for transients who want an easy way to come in and work.

You need to have a frank discussion with an immigration attorney about just what you are doing.