Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

I-140 Application from Outside the US

I-140 Application from Outside the US

Old Aug 16th 2004, 6:48 pm
  #1  
The ECA Godfather
Thread Starter
 
MJ23's Avatar
 
Joined: Nov 2003
Location: Vancouver / Seattle
Posts: 839
MJ23 will become famous soon enough
Default I-140 Application from Outside the US

Assuming that the company I'm working for is welling to work out this arrangement with me. Is it possible to do my I140 application while I'm outside the US on a leave from work while my H1B status is still valid? And then apply for the green card through Counsler processing? I think I could work out this arrangement with my employer no matter how long it takes, but I wasn't sure if this was ok from immigration law stand point!

Thanks in adavnce!
MJ23 is offline  
Old Aug 19th 2004, 11:50 am
  #2  
Forum Regular
 
Joined: Apr 2004
Posts: 42
raandra is an unknown quantity at this point
Default Re: I-140 Application from Outside the US

Originally Posted by MJ23
Assuming that the company I'm working for is welling to work out this arrangement with me. Is it possible to do my I140 application while I'm outside the US on a leave from work while my H1B status is still valid? And then apply for the green card through Counsler processing? I think I could work out this arrangement with my employer no matter how long it takes, but I wasn't sure if this was ok from immigration law stand point!

Thanks in adavnce!
I have same situation. I further wanna know if I apply and can I go back to US time to time or not since I have H1B visa. Please help.
raandra is offline  
Old Aug 21st 2004, 7:09 am
  #3  
Jozef
Guest
 
Posts: n/a
Default Re: I-140 Application from Outside the US

"MJ23" <member17409@british_expats.com> wrote in message
news:[email protected] m...
    > Assuming that the company I'm working for is welling to work out this
    > arrangement with me. Is it possible to do my I140 application while
    > I'm outside the US on a leave from work while my H1B status is still
    > valid? And then apply for the green card through Counsler processing?
    > I think I could work out this arrangement with my employer no matter
    > how long it takes, but I wasn't sure if this was ok from immigration
    > law stand point!

Yes, you do not have to be in the US for an I-140 to be filed on your
behalf. In fact, you cannot stay in the US based on just the filing of an
I-140 since it does not give you any immigration status!
 
Old Aug 21st 2004, 11:21 am
  #4  
Forum Regular
 
Joined: Apr 2004
Posts: 42
raandra is an unknown quantity at this point
Default Re: I-140 Application from Outside the US

Originally Posted by Jozef
"MJ23" <member17409@british_expats.com> wrote in message
news:[email protected] m...
    > Assuming that the company I'm working for is welling to work out this
    > arrangement with me. Is it possible to do my I140 application while
    > I'm outside the US on a leave from work while my H1B status is still
    > valid? And then apply for the green card through Counsler processing?
    > I think I could work out this arrangement with my employer no matter
    > how long it takes, but I wasn't sure if this was ok from immigration
    > law stand point!

Yes, you do not have to be in the US for an I-140 to be filed on your
behalf. In fact, you cannot stay in the US based on just the filing of an
I-140 since it does not give you any immigration status!

In my case I have h1b visa for 3 yrs but I have to out of US to work for same comapny. please helpme.
raandra is offline  
Old Aug 22nd 2004, 1:03 am
  #5  
Jozef
Guest
 
Posts: n/a
Default Re: I-140 Application from Outside the US

"raandra" <member23289@british_expats.com> wrote in message
news:[email protected] m...
    > > "MJ23" <member17409@british_expats.com> wrote in message
    > > news:[email protected] m...
    > > > Assuming that the company I'm working for is welling to work out th-
    > > > is
    > > > arrangement with me. Is it possible to do my I140 application while
    > > > I'm outside the US on a leave from work while my H1B status is still
    > > > valid? And then apply for the green card through Counsler processin-
    > > > g?
    > > > I think I could work out this arrangement with my employer no matter
    > > > how long it takes, but I wasn't sure if this was ok from immigration
    > > > law stand point!
    > >
    > > Yes, you do not have to be in the US for an I-140 to be filed on your
    > > behalf. In fact, you cannot stay in the US based on just the filing of
    > > an
    > > I-140 since it does not give you any immigration status!
    > In my case I have h1b visa for 3 yrs but I have to out of US to work for
    > same comapny. please helpme.

As long as you have a non-expired H-1B visa in your passport you can return
to the US without problem.

Having an H-1B visa does not obligate you to be in the US. Rather, if you
use that visa to enter the US you are obligated to work for the employer
that sponsored it.
 
Old Aug 22nd 2004, 9:09 am
  #6  
J. J. Farrell
Guest
 
Posts: n/a
Default Re: I-140 Application from Outside the US

"raandra" <member23289@british_expats.com> wrote in message
news:[email protected] m...
    > > "MJ23" <member17409@british_expats.com> wrote in message
    > > news:[email protected] m...
    > > > Assuming that the company I'm working for is welling to work out th-
    > > > is
    > > > arrangement with me. Is it possible to do my I140 application while
    > > > I'm outside the US on a leave from work while my H1B status is still
    > > > valid? And then apply for the green card through Counsler processin-
    > > > g?
    > > > I think I could work out this arrangement with my employer no matter
    > > > how long it takes, but I wasn't sure if this was ok from immigration
    > > > law stand point!
    > >
    > > Yes, you do not have to be in the US for an I-140 to be filed on your
    > > behalf. In fact, you cannot stay in the US based on just the filing of
    > > an
    > > I-140 since it does not give you any immigration status!
    > In my case I have h1b visa for 3 yrs but I have to out of US to work for
    > same comapny. please helpme.

What help do you need?
 
Old Aug 26th 2004, 4:24 pm
  #7  
Forum Regular
 
Joined: Apr 2004
Posts: 42
raandra is an unknown quantity at this point
Default Re: I-140 Application from Outside the US

Originally Posted by J. J. Farrell
"raandra" <member23289@british_expats.com> wrote in message
news:[email protected] m...
    > > "MJ23" <member17409@british_expats.com> wrote in message
    > > news:[email protected] m...
    > > > Assuming that the company I'm working for is welling to work out th-
    > > > is
    > > > arrangement with me. Is it possible to do my I140 application while
    > > > I'm outside the US on a leave from work while my H1B status is still
    > > > valid? And then apply for the green card through Counsler processin-
    > > > g?
    > > > I think I could work out this arrangement with my employer no matter
    > > > how long it takes, but I wasn't sure if this was ok from immigration
    > > > law stand point!
    > >
    > > Yes, you do not have to be in the US for an I-140 to be filed on your
    > > behalf. In fact, you cannot stay in the US based on just the filing of
    > > an
    > > I-140 since it does not give you any immigration status!
    > In my case I have h1b visa for 3 yrs but I have to out of US to work for
    > same comapny. please helpme.

What help do you need?
I would like to know if it is possible to apply for gc while I am out of USA working for same co. but not in US. I would like to visit US time to time I do have valid H1 b VISA. Will it be a problem in GC processing???? Thanks a lot
raandra is offline  
Old Aug 27th 2004, 4:29 am
  #8  
Jozef
Guest
 
Posts: n/a
Default Re: I-140 Application from Outside the US

"raandra" <member23289@british_expats.com> wrote in message
news:[email protected] m...
    > > "raandra" <member23289@british_expats.com> wrote in message
    > > news:[email protected] m...
    > > > > "MJ23" <member17409@british_expats.com> wrote in message
    > > > > news:[email protected] m...
    > > > > > Assuming that the company I'm working for is welling to work out
    > > > > > th-
    > > > > > is
    > > > > > arrangement with me. Is it possible to do my I140 application
    > > > > > while
    > > > > > I'm outside the US on a leave from work while my H1B status is
    > > > > > still
    > > > > > valid? And then apply for the green card through Counsler proce-
    > > > > > ssin-
    > > > > > g?
    > > > > > I think I could work out this arrangement with my employer no
    > > > > > matter
    > > > > > how long it takes, but I wasn't sure if this was ok from immigr-
    > > > > > ation
    > > > > > law stand point!
    > > > >
    > > > > Yes, you do not have to be in the US for an I-140 to be filed on
    > > > > your
    > > > > behalf. In fact, you cannot stay in the US based on just the fili-
    > > > > ng of
    > > > > an
    > > > > I-140 since it does not give you any immigration status!
    > > > In my case I have h1b visa for 3 yrs but I have to out of US to work
    > > > for
    > > > same comapny. please helpme.
    > >
    > > What help do you need?
    > I would like to know if it is possible to apply for gc while I am out of
    > USA working for same co. but not in US.

Yes

    > I would like to visit US time to
    > time I do have valid H1 b VISA. Will it be a problem in GC processing?-
    > ??? Thanks a lot

No

    > --
    > Posted via http://britishexpats.com
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.