H-1B / Green Card Pending After India Move
H-1B ends on relocation but I-140 priority date may survive: employer, USCIS, and consular processing options.
The 60-second version
Physical relocation does not automatically kill an approved I-140 priority date, but H-1B status ends without payroll. Coordinate employer withdrawal, COS abandonment, and India payroll timing.
I-140 priority date can survive relocation
An approved I-140 priority date remains valid if the petition is not revoked — employer withdrawal or job change rules apply.
H-1B status ends when I stop US payroll and depart — no automatic grace if I intend permanent India move.
Consular processing (CP) from India may still be possible if priority date is current and PERM/I-140 intact — employer must cooperate.
Settlement timing: final settlement abroad before last US workday.
Immigration objects after India move
| Item | After India move | Action |
|---|---|---|
| H-1B status | Ends without payroll | Employer withdrawal or let expire |
| I-140 approved | Priority date retained | Keep approval notice — employer must not revoke |
| I-485 pending | Abandoned if leave US | Withdraw or CP from India |
| EAD | Invalid after departure | Destroy card |
| AP (advance parole) | Do not use for one-way move | N/A |
Compliance sequence
Employer HR call
Confirm H-1B withdrawal date and I-140 status.
Last US workday
Align with settlement and benefits end.
Immigration counsel
Assess CP vs abandon if GC was mid-flight.
Save petition copies
I-140, PERM, priority date documentation.
India tax residency
Section 6 from landing — separate from immigration.
Path decision
Immigration export kit
- I-140 approval PDF.
- Priority date screenshot.
- H-1B approval notices.
- I-94 travel history.
- Immigration lawyer contact.
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Do not assume grace period
60-day grace applies to job loss while still in US — not to intentional permanent relocation.
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Visit US on H-1B after move?
Need valid visa stamp + employer — impractical after withdrawal.
Spouse H-4?
Ends with H-1B — spouse OCI/visa separate.
AC21 portability?
Requires US employment — generally not after India move.
Keep US bank for immigration fees?
Yes — wire from India if needed later.
India tax on US settlement?
Characterize bonus/ESOP per settlement letter.
Return to US later?
New H-1B lottery or L-1 — priority date may help future EB.
The plan is only as good as the sequence.
Tax, banking, schools, shipping — they all have dependencies. A wrong order costs months and lakhs. Get it right.