NIW GC (I140 Apprv), I am outside US -- Any probs if I plan to enter with H1B1??

chatterjee

Registered Users (C)
Need Urgent help!
I was on H1B1 status, working in NY. I was never out of status.

1. I had done my I140 petition (not done I485 petition) in EB2 NIW category (self petition) in November 2003 (PD: 11 Nov 2003).
2. I got a job in Hong Kong (same profile and job description but much higher salary), and moved out of US in June 2004. Currently, I am in HK.
3. Got RFE in May 2005 on the NIW petition. Answered RFE in Jul 2005 (self petition).
4. I140 got approved in Aug 2005 (USCIS sent approval notice to HK address).
5. Could not apply for AOS through consular processing due to retrogression (couldn't complete I485 application in Sep 2005)

Now, I plan to be back in the US with a similar job. Company willing to sponsor H1B1.

Question:
1. Will there be any problems in getting the H1B1 done? (I mean, I will apply for H1 in Apr 2006 and hope to start working in Oct 2006 when the fresh H1B quota gets exercised -- I have US advanced degree)
2. Given that I have an I140 approval, do I need to mention in that I have a pending application for immigration (intention to migrate)?
3. Is there any chance of H1B1 regection? Can immigration authorities stop me at the port of entry even after the issue of H1b1 and stamping? Or is there no probs?

Gurus, please help me. I have to take an urgent decision.
 
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