Question about GC and H-1B

M

mkanaskar

New Member
I am on H-1B and I have already filed my I-140 with the INS. My H-1B expires in March 2001.
Can I wait outside the US for my PD to become current and then once it becomes current, file for my I-148 while I am still outside the US? I heard from someone that to file I-148, I have to have some status within the US.

Thanks.
 
No Title

yes, you have to be in the US and in status to file 485. You cannot file it from outside the US...
 
No Title

Please help me clarify this.
1. If my H-1B expires before the ID becomes current, I have to leave the US, and of course the employer that sponsored the whole process. Can I still go for the Consular Processing?
2. If I-140 is pending when the H-1B expires, and after I have stayed outside of the US for a year, I enter the US with a new employer on a new H-1B. Can I still use the now approved I-140?

Thanks.
 
No Title

As per my understanding,

1) I think you will have talk to the employer to go for consular processing. After CP is over you will have to join the same employer.

2) You can not use the same I-140 if your new employer is different. You may be able to retain the priority date but you will have to do LC and I-140 again through the new employer. It is good for you if you join the same employer. Then all you have to do is file for I-485.
 
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