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

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.

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Attorney answers 2


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.



Thank you Mr Johnson. I want to consult an immigration lawyer, but wanted to have some idea if this is going to be work. Would you suggest finding a good attorney at my home country or in USA to be more helpful for this case?

Glenn Johnston

Glenn Johnston


Clearly an attorney in the US can handle things on your behalf before you arrive, so I suggest working with one here. Doing your consular office paper work is something they can advise you on.


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 attorney to discuss your individual case.