I-140 questions for person in India


Jay1305

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Hello,

My visa got max out in Sep 2019. My company had filed my GC in March 2019. The PERM went to audit process and I needed to leave USA and come to India in Sep 2019 after visa max out. After that, the perm got approved in Dec 2019 and I filed my I-140 in premium which also got approved in Jan 2020. Now my company will file my next extension soon. I am still with my same client (that is in USA) and same company A which has offices in India and USA. They are still in LCA filing process and per my discussion with HR, they informed me that it will take another 2 months for whole process like filing LCA, filing extension, getting interview date, stamping and then getting ready for travel after stamping.

My questions are -

  1. Can I look for a job on the basis of my approved I-140 for company in USA? In other words, can I start searching for job while in India for company in USA? I assume company B will need to file my extension and I need to get my visa stamped before I leave India. But can 2 extensions for different companies be filed while in India?
  2. As per my understanding I need to stay with my current company for at least 180 days after my I-140 approval so that they cannot revoke my approved I-140. But does that 180 days period start when I will be in USA or it's already started even though I am in India and I-140 was approved in Jan 2020?
  3. I checked with my company's internal team regarding one question if they can file I-485 simultaneously with I-140 and she said it is not possible. When I read on the blog https://www.**********/i140-process, it is mentioned that I-485 and I-140 can be filed simultaneously. So where is the disconnect here? Was I not eligible to file I-485 and I-140 simultaneously due to absence in USA or the process is changed somewhere or I am totally misunderstanding the process?

Thank you very much in advance for your replies and reading this till end.

Edited by Jay1305
Added 3rd question
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1. Yes, You can look for a job with a new employer. But the other company can't file for your extension with you I140 as it has to be approved for more than 180 days to be used with a new employer.

2. It starts from the day I140 is approved. Doesn't matter where you are.

3. Your Priority date needs to be current for concurrent filing of I140 and I485. If you country of birth is India and your filed in EB2 or EB3, it will take 100+ years for you to file your I485.  

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10 hours ago, User099 said:

1. Yes, You can look for a job with a new employer. But the other company can't file for your extension with you I140 as it has to be approved for more than 180 days to be used with a new employer.

2. It starts from the day I140 is approved. Doesn't matter where you are.

3. Your Priority date needs to be current for concurrent filing of I140 and I485. If you country of birth is India and your filed in EB2 or EB3, it will take 100+ years for you to file your I485.  

Thank you for your reply and answers. Looks like I'm stuck with company A for some time until I recover my paid money for i140. 

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