I140 filing and 7th year extension when outside US

[mb2020]

Dear All,

Request your insights for my current situation,

- My current H1B visa expires by end of January 2020.

- With recapture time, my visa can be extended until February 25, 2020 (Extension has been filed).

- Labor was filed in November 2019 (Everything was delayed because I joined the new company in the 6th year of H1. They started the process immediately but as I am the first H1/GC for the company, the company registration with DOL took away some time).

- As per the company attorney, I can leave US 1-2 weeks before February 25th to stop my H1 clock and wait for my Labor to come in and i140 and H1 to be extended and then come back.

 

My questions,

- From what I have gathered,  I140 can only be filed with a valid work permit/visa - Can I140 be filed when I am outside the US even after February 25th as my 6th-year clock has stopped?

- Considering the I140 is filled with Premium and the 7th year H1 is filed with Premium as well, can I come back in a couple of months after getting my new visa stamped?

- Can I continue working and getting paid remotely after February 25th while waiting for the status change (the company is fine with that)?

 

Thank you in advance.

Have a great day ahead...

[pontevecchio]

Your actions in your country are not material to the USCIS. You can work offshore.

On 1/7/2020 at 12:32 PM, mb2020 said:

I140 can only be filed with a valid work permit/visa

That is not true.

In order to get H1 extensions beyond the initial 6, you need PERM pending 365 days or an approved I-140.

[User099]

1. You don't need a work permit to file I140 and you can be outside US when its filed.

2. Yes.

3. Yes.