I -140 and Eight year extension

P

Parth1970

Registered Users (C)
Dear Friends

Due to Retrogression and Labor certificate backlog eliminated center, I have decided to move Canada so my wife and kids stay Canada and I will stay in USA.

My question is when I get Labor approve (hope fully end of the September 2007) Does it require that my wife and kids to be present in USA when my employer file I-140? And next extension of EIGHT YEAR H1B?

Appreciate your reply.

Thank you,

Parth
 
According what I know

NO

For filing 485 you familneed to be here to file. Once files using AP they can go back to Canada and they can come back if necessary (FP, Interviewif you guys have)).


But check with right people. I am another guy like you.


Parth1970 said:
Dear Friends

Due to Retrogression and Labor certificate backlog eliminated center, I have decided to move Canada so my wife and kids stay Canada and I will stay in USA.

My question is when I get Labor approve (hope fully end of the September 2007) Does it require that my wife and kids to be present in USA when my employer file I-140? And next extension of EIGHT YEAR H1B?

Appreciate your reply.

Thank you,

Parth
Click to expand...
 
From my limited understanding, should not be a problem for i-140, even you don't need to sign anything to have it filed, it's purely employer petition.
Extension of status is a differetn story, formally they'll be out of status if stay outside of US for a long time, meaning they'll need to get new H4 in passport.
To file i-485 petitioner must be in US, going back and forth between US and canada may cause some questions on a border


Parth1970 said:
Dear Friends

Due to Retrogression and Labor certificate backlog eliminated center, I have decided to move Canada so my wife and kids stay Canada and I will stay in USA.

My question is when I get Labor approve (hope fully end of the September 2007) Does it require that my wife and kids to be present in USA when my employer file I-140? And next extension of EIGHT YEAR H1B?

Appreciate your reply.

Thank you,

Parth
Click to expand...
 
From what I understand they need not be present in US throughout the process.For instance, they could be in India all the time and the primary beneficiary ( Parth, in this case ) can add their name when filing for I-485.
Parth would then be a permanent resident with his family getting their US permanent residency while in India simultaneously.


Parth is this your first labor petition ? I believe you may have a PD somewhere in 2006. I dont want to sound discouraging but when would one with a PD of 2006 get his/her GC unless you are in EB1.
 
Thanks friends,

My PD is June 2004, and lawyer told me that +5years experience require for Labor certificate would count in EB2 when he will file for I-140,

I don’t when I will get Labor certificate approve, and when EB2 India will be current for me, In between I take decision to move my family in Canada and I will stay in USA.
 
brave move. I agree with other posts that you can be in canada but I would like to point that the 5+ years experience should be prior to June 2004 not at the time of filing I-140. This was pointed out many time in murthy's chats.
 
Thank you,

I have a 5+ years experiance before 2004, so that may work to get appove I-140 with EB2

Parth
 
Parth you have a great family with you to be by your side in these times.I wish you the best and all the success very soon !
 
Thank you again,

I have also terminated my contract with current rent an apartment, because I was stuck last time 8 month at Frankfurt for Visa stamping. May be this time Consulate will go through same procedure and I will have to wait for couple of month.

Do you think not having a US address will make a problem for stamping at 7th year extension?

Thank you,
 
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