Reg 240 Days period- Help Pl

[Chandu.Img]

My Current Status in USA IS:
•I am currently on H1B status and filled for my 7th year extension (for 3 yrs period) based on my I-140 approval.
•I received my I-140 approval in Nov 07.
•I have not filed my I-485, AP, EAD yet because it is not current. I am on EB3 case.
•And I have already upgraded my H1B to premium process.


My questions:
1.I have filled for H1B extension on Dec 3rd 2007 and received a RFE in the month of June 08 and responded to RFE on July 08. I am still waiting for my
H1B approval.

2.My I-94 and my previous H1B expired on Jan 20th 08 and I am in the period of 240 days and Sept 11th 2008 will be my 240th day.

3.What will be my status after 240 days ie: after Sept 16th 08.

4.What if I leave to India before 240 days, without becoming illegal (getting into illegal status) in USA. And get back to USA when I get my H1B approval or my GC approval.

5.Can I file my I-485 and EAD being in India when it becomes current?

6.Can my employer continue my GC process even when I am in India.

7.Can my employer continue my GC process even when my H1B filled for 7th year extension is denied/rejected?

8.In that case what about the I-485 filing, do I need to be here is USA physically for filing my I-485, AP, EAD etc..

Regards,
Chandu

 

[manwithnoname]

Your employer can continue the GC process even if the H-1B application is rejected and you are out of the US. However, you have to go through the consular processing route (instead of I-485).