Beneficiaries of employment-based immigrant petition (Form I-140) may adjust their status to that of a legal permanent resident if they are in the U.S. when the priority date becomes current. If the beneficiary has moved back to the home country, and plans to live there in the foreseeable future, and the priority dates are current s/he should file I-824, requesting the USCIS to transfer the file to the Consulate. If one has moved back to one’s home country, we would advise to file the I-824 at the earliest to take advantage when the priority date is current.

It is important to remember that the immigrant visas under the employment category will be not issued at least until December 31, 2020 due to the recent Presidential Proclamation. If the beneficiary moves back to the U.S., after filing the I-824, s/he can choose to switch back to adjustment of status at any time.

Should one need any help with the process, Attorneys at Murthy Immigration Services are available to assist with the consular processing of immigrant visa.