venkat:
I got my labour cleared in Dec 03 and applied for I-140 in jan 04 under EB3 from NVC and planning to go for CP so asked the lawyer to file for I-824.
Answer: What service center have you applied to for your I-140? Is it Nebraska, Vermont, California or Texas?. Accordingly one can estimate how much time more it will take for your I-140 to get approved. For EB3 I-140, California is taking 12 months, Nebraska is taking 10 months, Vermont is taking 13 months and Texas 14 months from the date of receipt!
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Q. My H1B (6-year term) is getting expired in OCT 04. and I am expecting that my I-140 might be cleared by that time, so I am thinking to apply for extension of H1B(which I think I should do), so what will happen if I have to travel to India without getting my approved H1B visa and I pray nothing bad happens but in case I don't clear the interview then what happens ?
Answer: Apply for h-1b extension as soon as possible. It is recommended not to leave usa with an expired H-1B stamped and a pending H-1B extension unless you are heading for india for your cp interview. If you apply for H-1B now you should get it in about 6-7 months approx and then with H-1B approval you can go to india, stay there on vacation and prior to returning get the H-1B approval stamped in your passport from usa consulate which would allow you to re-enter into usa.
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If I ask my lawyer or employer to post me the approved H1B extension visa, still will it be considered to be valid and will I get stamped or that's it .... the story is over?
Answer: With H-1B extension pending, you will have no issue leaving usa but if you do so and if your h-1b extension takes time then you cannot return to usa until you get your h-1b approval paper and then go to the consulate for visa stamping.