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Leave country with pending I140?
- Thread starter dallasdoc
- Start date
You need to specify your situation in order to get some feedback.
I presume that your I-140 petitions are pending and you haven't filed your I-485. You are having trouble with your employer and you are leaving US. You can leave US while I-140 is pending.
In order to comeback to US on H1B you need an approved I-129 filed by an employer. Approval of I-140 will not help you to get H1B. If your I-140 is approved while you are in your home country, you could do consular processing provided if the PD remain current.
Hope this helps
I presume that your I-140 petitions are pending and you haven't filed your I-485. You are having trouble with your employer and you are leaving US. You can leave US while I-140 is pending.
In order to comeback to US on H1B you need an approved I-129 filed by an employer. Approval of I-140 will not help you to get H1B. If your I-140 is approved while you are in your home country, you could do consular processing provided if the PD remain current.
Hope this helps
Thank you for your response. Yes, you are right in your assumption. I am hesitant to file 485 since I am not sure if my self 140 petitions will be approved. I would rather wait in my home country than take a chance of being here on AP/EAD just in case 140 is denied and I have to leave immediately then. Since my 6 years is almost ending , for new 129, I have to wait 1 year, unless on the basis of approved 140, I take it as an extension over 6 years and can come in immediately (is that possible?)
Also, if your I-140 has been sponsored by the employer that you are now having trouble with, you probably shouldn't use it to file I-485 (even if it's approved), as you're going to need employment letter from the same employer and they would need to cooperate. Good luck to you.
I am not even going towards 485 through employer. That is one aspect I need to make a mission in my life later when all things are settled. i.e. to form an organization litigating devilish employers sucking the blood out of temporary workers with false assurances.
I saw your approval took 2 months last year. Alas, it is at least a 6 months wait now for standalone 140s. And time is of essence.... and PP too risky.
I saw your approval took 2 months last year. Alas, it is at least a 6 months wait now for standalone 140s. And time is of essence.... and PP too risky.
At the time I filed my I-140, the estimated waiting time for approval was 6 months as well (according to official processing dates). I got lucky I guess, also TSC was moving at lightning speeds back then - and it's still pretty fast I believe. So, you CAN sometimes get approved BEFORE processing dates catch up with your RD.
However, you are wise to choose to err on the side of caution. EB-1 EA and NIW are hard I-140s to get approved (I assume those are your categories since you mentioned "self-petitioning"). But the good news is, if by chance you were to get either approved before you have to leave the country, you could then immediately apply for I-485 (have your medicals ready!). And at that point, unless you continuously miss your FP appointments, or neglect to attach your medicals, or leave the country without AP, or have something criminal dug up in your name check - your I-485 approval should be a matter of time. And EB-1 EA and NIW cases are often waived interview.
At any rate, before you get on the plane to leave the U.S. and start the immigration journey from scratch, do invest in a consultation with a good immigration attorney to discuss all your options!
Good luck to you.
However, you are wise to choose to err on the side of caution. EB-1 EA and NIW are hard I-140s to get approved (I assume those are your categories since you mentioned "self-petitioning"). But the good news is, if by chance you were to get either approved before you have to leave the country, you could then immediately apply for I-485 (have your medicals ready!). And at that point, unless you continuously miss your FP appointments, or neglect to attach your medicals, or leave the country without AP, or have something criminal dug up in your name check - your I-485 approval should be a matter of time. And EB-1 EA and NIW cases are often waived interview.
At any rate, before you get on the plane to leave the U.S. and start the immigration journey from scratch, do invest in a consultation with a good immigration attorney to discuss all your options!
Good luck to you.