What happens if I leave the US after my I-140 is approved? Can my employer still pursue my green card (consular processing)?

Question

What happens if I leave the US after my I-140 is approved? Can my employer still pursue my green card (consular processing)?

Anonymous Nov 26, 2012 3 views 3 answers

I'll be going for H1-B visa stamping (EVC). It's taking longer than expected to get the visa in India with 221(g) administrative processing.

Christian SchmidtImmigration AttorneyOakland, CA · Accepted Answer · 2026-06-15T10:40:37+00:00

You can still pursue your green card application but will need an immgrant visa or nonimmigrant visa that allows your to have immigrant intent in order to return.

J Ferrari · Accepted Answer · 2026-06-15T10:40:37+00:00

You would consular process once your priority date becomes current, provided your employer continues to have the position available for you.

Dhenu Savla · Accepted Answer · 2026-06-15T10:40:37+00:00

Yes, your I-140 will remain valid. You can consular process when your priority date becomes current. Dhenu Savla, Esq. SwagatUSA, LLC www.swagatusa.com/attorney

What happens if I leave the US after my I-140 is approved? Can my employer still pursue my green card (consular processing)?

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