I-140 Approval while outside of USA !!!

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vizkiz

Registered Users (C)
Hi

My H1 is exporing April 2008. but my employer filed I-140 few days ago with PERM approved in Feb 2008. Because my H1 is expiring , i am leaving USA .Now my question is , If the I-140 is approved while i am outside of USA, what should be my next step ?

pl shed some light

thanks
Ravi
 
Hi Ravi,

I am in your same situation. My H1-B is expiring on March 21, 2008. The definite option we have is #1 below. Other two I do not know exactly. Your lawyer should know

1. Wait for one year, then ask your company to send you a new H-1B. But this time it will be a immigrant H1-B, and visa might be hard to get. Then come back and work for 6 years.

2. If I-140 gets approved, then you can apply for H1 and come in and work.

3. If I-140 dates get current. Then you can apply for I-485 and get an EAD. But I am not sure how you can get a visa with an EAD or get into USA with an EAD (as you will be out of USA). The advance parole does not work.

Hope this helps.

Ramesh.
 
Clm_ramee said:
Hi Ravi,

I am in your same situation. My H1-B is expiring on March 21, 2008. The definite option we have is #1 below. Other two I do not know exactly. Your lawyer should know

1. Wait for one year, then ask your company to send you a new H-1B. But this time it will be a immigrant H1-B, and visa might be hard to get. Then come back and work for 6 years.
There is no such thing as "Immigrant/Non immigrant H1" It's just H1 and it's dual intent visa, so no problem to get new H1 if I-140 already approved. But your company should get new H1 approval and you will be counted in H1 quota - so good luck in H1 lottery

2. If I-140 gets approved, then you can apply for H1 and come in and work.
See p.1 You can't just come on I-140 approval. Either new H1 or if your PD is current you can apply for immigrant visa (CP route) and come to US as a permanent resident with immigrant visa.
3. If I-140 dates get current. Then you can apply for I-485 and get an EAD.
To apply for EAD you need to file for AOS. To file for AOS you need to be in US.
Click to expand...
My answers are in blue. Hope it helps.
 
(1) is nonsense. For H1B immigrant intent does not matter (by law).

(2) is nonsense, too. You can only apply for extension, not a new H1B once the old one expired.

(3) is total nonsense. You can't apply for I-485 from outside the US. You apply for consular processing and then enter with the PR visa they issue you. You bypass I-485 completely. No EAD, no AP either.
 
Attorney says possible !!!

My attorney says

" if your I-140 is approved and if your current H1 is expired by the time the I-140 is approved, we will file H1B with USCIS and get new H1 after which you have to go to consulate in the country where you are going to be to get H1-B visa".

After you are in, then you need to wait until the priority dates are current inorder to file for Adjustment of status.

Is this something duable? anybody has experience with this kind of situation ?

Thanks
Ravi
 
Hi Ravi,

What is your situation now? Are you going back to India? When do you think, you will be coming back on a new H1 visa? My lawyer is not saying anything. My current H1-B is expiring on April 11, 2008. I think, I will get ready to go back to India. Very frustrating.

Here is my situation:

My labor was applied on June 14, 2007
Got approved some time in September 2007.

I-140 was applied on November 2, 2007.
Still pending.

Let me know. Thank you.

Ramesh.
 
What are you TALKING about?!

#1 - yeah, good luck, but your company will have to do without you for a year and who knows if #1 they will be willing to sponsor you again, and #2 if they can make it in the H-1 visa lottery!
#2 - completed incorrect. If the H-1 visa is expired, you cannot extend a status that does not exist.
#3 - you can file your I-485 ONLY when the priority date is current, regardless of whether or not the I-140 is approved. Also, you HAVE to be in the US to file your I-485! You can file consular processing if you are abroad.

Another important thing to note - do NOT stay in the US for more than 180 days after your status has expired. After that, if you leave, you will be subject to a 10 year bar from re-entering that U.S.!!


Clm_ramee said:
Hi Ravi,

I am in your same situation. My H1-B is expiring on March 21, 2008. The definite option we have is #1 below. Other two I do not know exactly. Your lawyer should know

1. Wait for one year, then ask your company to send you a new H-1B. But this time it will be a immigrant H1-B, and visa might be hard to get. Then come back and work for 6 years.

2. If I-140 gets approved, then you can apply for H1 and come in and work.

3. If I-140 dates get current. Then you can apply for I-485 and get an EAD. But I am not sure how you can get a visa with an EAD or get into USA with an EAD (as you will be out of USA). The advance parole does not work.

Hope this helps.

Ramesh.
Click to expand...
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Last edited by a moderator:
The attorney would have to file a NEW H-1 - you cannot extend your status based on an expired status. Hence your attorney would have to wait until April of whatever the year is to file a new H-1 in the lottery, which may not even be accepted by the USCIS since it is in fact a lottery!

vizkiz said:
My attorney says

" if your I-140 is approved and if your current H1 is expired by the time the I-140 is approved, we will file H1B with USCIS and get new H1 after which you have to go to consulate in the country where you are going to be to get H1-B visa".

After you are in, then you need to wait until the priority dates are current inorder to file for Adjustment of status.

Is this something duable? anybody has experience with this kind of situation ?

Thanks
Ravi
Click to expand...
 
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