General Question regarding Employment Based Consular Processing

ziv711

Registered Users (C)
Hi there,

I am cautiosly optimistic that I'll get the long awaited Labor Certification sometime during the next couple of months and I am thinking ahead.

I would need to decide between concurrent filing of 140 & 485 or do the 140 alone first.

My question is regarding consular processing of an Immigarnt Visa. Say the i140 is approved, and I still have a valid H-1b. Is it possible to travel to my home country, submit the immigrant visa application, and then come back to the US (using the H1B), and then only go back to the home country for the interview and stamp, or would I have to stay in my home country during all the time the application is being processed. (Which would be much faster than AOS, but most likely too long for me to be away from my job).

Thank you so much all contributors.
 
ziv711 said:
Hi there,

I would need to decide between concurrent filing of 140 & 485 or do the 140 alone first.
{ The choice is alway open for you and you can gather better information in the I140 Your service center forum eg. I140 Vermont service center etc etc}

My question is regarding consular processing of an Immigarnt Visa. Say the i140 is approved, and I still have a valid H-1b. Is it possible to travel to my home country, submit the immigrant visa application, and then come back to the US (using the H1B),

{ Yes you can always have your trips going on until your H1B is valid}

and then only go back to the home country for the interview and stamp, or would I have to stay in my home country during all the time the application is being processed.

{ No you don't have to do that}

(Which would be much faster than AOS, but most likely too long for me to be away from my job).

{My opinion if you have a job then better continue doing it, rather staying too long in your home country}


Thank you so much all contributors.



Thanks
 
Immigrant visa application is submitted automatically on your behalf by the National Visa Center. Once I-140 is approved USCIS transfers all relevant documents to NVC. NVC then collects forms and fees from you, performs a review and security check and sends the file to the US consulate. You don't have to submit the application yourself. Once the consulate receives it, it schedules an interview for you.
 
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