Priority Date is current I am out of USA

  1. As my PD is current will I be able to file the GC in 2 years or more assuming the dates won’t retrogress.

  2. If I wait to come to US on my Aus Passport what are chances of retrogressing of PD before July 2013

  3. How many years of extension I would get? 1 year or 3 year as I have I140 ` and my dates are current.

  4. If I wait to get my Australia passport and enter US on E3 visa will I be able to start working and parallel we can process the H1B and GC too.

  5. Will getting my Australia passport ( as I would need to cancel my india passport) jeopardize the GC and later at any step in future?

  6. Can my new employer file the LABOUR and PERM while I am outside USA. By the time the AUSTRALIA Passport comes the LABOUR is approved by the new employer?

This should be ok however USCIS expects the beneficiary file for AOS within one year of the date being current.

Based on the number of visas available, chances are less (assuming you are in the EB2 line) unless they waste a lot of GCs this year and there is no spillover from FB to EB for next year.

One year.

Should be okay as far as you have a E3/H1B/GC sponsoring employer.

I dont think so as GC queues are based on country of birth and not citizenship.

This should be okay.

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Thank You, should I check w/Attorney,
Is there any other point / concern I should be aware while I am in AUSTRALIA.

Ideally you should consult an immigration lawyer. Generally when you find a sponsoring employer they have their own attorney that you can consult before starting the process.

I am in the same boat and in Australia but my PD is not yet current in Final Action date, can I connect with you to discuss more on this ?