US GC Query - applied when on H1

[Suman_Sarkar]

My company filed GC under EB-2 category, PD: 14-MAY-2014, I-140 approved in 2015. That time I was on H1B visa. In Sep 2019 my H1 extension got rejected and came back to India. Now my company (same company who filed GC) initiated L-1B visa. In case my L1 gets approved and within 2-3 years after landing in US my PD becomes current will there be any issue getting GC (as I was on H1 when GC was filed and now on L1)? Please let me know.

Also, in case I do not get visa and not able to go to US and say after 2-3 years my PD becomes current, will I be able to process I-485 or get GC sitting at India. Please suggest

[Kalpesh_Dalwadi]

@Suman_Sarkar

after landing in US my PD becomes current will there be any issue getting GC (as I was on H1 when GC was filed and now on L1)? Please let me know.

Should not be any issue if the GC sponsoring employer still has the PERM job offer for you. They will need to file I-485J along with AOS.

@Suman_Sarkar

Also, in case I do not get visa and not able to go to US and say after 2-3 years my PD becomes current, will I be able to process I-485 or get GC sitting at India. Please suggest

Yes, you can opt for consular processing of GC instead of AOS.