I am on H1B and I have an approved I-140 on EB2. If I move outside the U.S. for a couple of years, can my GC case continue? Does it matter if my H1B expires during that time?

Answer

The I-140 and H1B are completely separate. One’s I-140 will remain valid in this situation, and can be used to obtain permanent residence when the priority date becomes current, assuming the job is still available. (09.Jan.2017)

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