Filing for I-140/485 from outside US ??

anilks

Registered Users (C)
I am outside US (in Europe) for the last 3 months working for the same compay (parent company), has a valid H1B till Feb 2008, still in US payrolls and getting pay and other benifits from US. Has to stay in Europe for few more months before returning to US.

My labor certification is approved and ready for I-140 to be filled, do I need to present in US to file I-140, if I am including my wife name do she also need to be present in US for filing I-140??.

My priority date is current so can I file for I-140 and I-485 together and remain working from Europe for the next 6-8 months? If filing together should we (myself and wife) to be in US during filing?? what are the othe options? like file for AOS?

Thanks in advance for any replies...
 
I am outside US (in Europe) for the last 3 months working for the same compay (parent company), has a valid H1B till Feb 2008, still in US payrolls and getting pay and other benifits from US. Has to stay in Europe for few more months before returning to US.

My labor certification is approved and ready for I-140 to be filled, do I need to present in US to file I-140, if I am including my wife name do she also need to be present in US for filing I-140??.

My priority date is current so can I file for I-140 and I-485 together and remain working from Europe for the next 6-8 months? If filing together should we (myself and wife) to be in US during filing?? what are the othe options? like file for AOS?

Thanks in advance for any replies...


You can file I-140 even if you are out of US. But you cannot file I-485. You can go out and work once you file I-485 until green card approved provided you have valid advance parole or H1 to re-enter US.
 
I would like to add that you can return to the U.S., complete the concurrent filing and resume the European assignment. You have the option of maintaining the H-1B status (after the concurrent filing) for re-entry (an alternate for advanced parole). Please check with your employer's attorney.
 
Thanks for your information...

Also if I-485 is approved when I am in Europe can I still enter on H1B, I am planning not to apply for AP as I am unable to stay in US to receive it. Do one need to be in US during the I-485 approval or can be outside without the AP and enter on valid H1B?? can this cause any problem entering on H1B?

Thanks again....
 
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