Yes, you can go back to India. You should opt for Consular Processing (instead of Adjustment Of Status) while filing 140 (if you want to process your GC further when your PD is current being out side USA). You can file 485 only if you are in USA.
Can I stay outside US after i140 approval?
You can be outside the US the entire time you are waiting for the priority date to be current, then go through the Immigrant Visa process to return as a permanent resident.
Can I change location after i140 approval?
If you and your employer do not intend for you to return to Location A , the job location for the approved PERM and FORM I-140, your employer will need to re- file the PERM for the new job location in an another city and state.
How long is I-140 valid for?
If an I-140 petition has been approved or an associated adjustment of status application is filed for 180 days or more, the petition will not be automatically revoked if the petitioner withdraws it or the petitioning employer’s business terminates. The petition remains valid unless revoked on other grounds.
Will I-140 expire?
The answer to your question is no, the I-140 does not “expire.” But, you do have to keep in mind that if you let the approved visa petition sit in “no man’s land” for an extended period of time, the authorities…
What if I lose my job after I-140 approval?
Losing your job just when you were close to being approved for a U.S. green card (lawful permanent residence) can be a shock. Unfortunately, there is nothing to stop an employer from terminating the position offered to a foreign national, even while an employment-based green card application is still pending.
Can I change my job title after my I-140 is approved within the company?
Yes, you can. The I-140 indicates an offer of a future permanent job. This can be the same or different job then you are doing now. If the new position is in the same field and a similar occupation it will not present a problem, and there will be no need to do a new PERM (if applicable) and I-140.
Can I-485 be denied after I-140 approval?
USCIS can only transfer the I-485 if a visa number is available for that I-140 petition. Therefore, when the extraordinary ability I-140 is denied, and the national interest I-140 is approved but the priority date is not current, the I-485 will be denied.
Can employer revoke I-140 after 180 days?
The employer can always withdraw or request to revoke the I-140 petition. If the I-140 petition has been approved, and the I-485 has been pending for 180 days, the employer can still request to revoke the I-140 petition approval. This does not prevent the case from being approved, however.
Can I file I-140 from India?
PERM and i140 can be filed and approved even if you left US to work from India.
Can I stay in US with pending I-485?
You have the right to remain in the United States while the application is pending. … However, if USCIS denies the I-485 application, you could be forced to leave the United States immediately.