Apply for I129 & I140 together

[ap_1007]

Hi,

Actually I had completed 2.5 years of H1b in USA but I moved back to my home country as my extension got denied. I have applied H1b extension again from my home country under cap exempt and also received the receipt number from USICS but its going to take 6-8 months to get the decision from USCIS as premium processing is on hold.

So  I have 3 questions-
1. Can I apply for I-140 (green card) while H1b extension  is in process with USCIS?

2. Will processing I129 & I140 together affect decision of USCIS either for I129 or I140?
3. If my H1b extension(I129) get approved before I-140, Can I go for stamping & travel to USA on H1b ?

[pontevecchio]

1. No. Any potential employer can file .

2. No

3. Yes.

[ap_1007]

Thanks for your response. I got little bit confused with answer of 1st query.

1. . Can I apply for I-140 (green card) while H1b extension  is in process with USCIS?- No. Any potential employer can file . 

Please confirm is it possible to apply for I-140 (green card) while H1b extension  is in process?

[pontevecchio]

1. You do not file a H1 petition. The employer does.

2. You do not apply for the I-140. The employer does.