Can I with an approved I-140 apply for consular processing from my home country without current employment with USA company?

Asked 7 months ago - New York, NY

Can I with an approved I-140 (EB3 employment category) and with current priority date, but no longer employed with the company that sponsored the I-140, and out of USA for 8 months now, with a H1B valid till Feb 2015 apply for consular processing of green card from my home country? At this time, I have no employment with any company in USA, but do intend to go to USA once the green card is processed from my home country itself if possible along with my savings and find employment once I get to USA. Must I be currently employed with a company in USA to apply for green card with consular processing? Thank you so much.

Attorney answers (2)

  1. Glenn Johnston

    Contributor Level 17


    Lawyer agrees


    Answered . Dear asker, you can apply for anything that you wish. The proper question is whether this application will be rejected. The conditions to apply for a consular processing green card require:
    1. Asylum/refugee status
    2. family recommendation
    3. employment
    4. other special categories

    Because you are a unique individual, with unique circumstances, it MIGHT be possible to be approved. But in order to determine whether your case is likely to succeed, or how to make the best case to succeed, you need to find an immigration attorney to represent you. They will offer Skype services in many instances.

    This does not constitute legal advice or the engagement of my services as an attorney.
  2. Stephen D. Berman

    Contributor Level 20


    Lawyers agree

    Answered . An I-140 visa is an application that a US company files to bring a foreign nation to the U.S. to work for them. If there is no petitioner, and no job offer, then the U.S. consulate would not issue the visa.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more

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