H1b after 140

[Taj2980]

Hey guys,

I currently have an H1 approved till Feb 2017. Also have I-140 approved. 

For personal reasons, I may travel out of USA for 1-2 years by which time my H1 petition will be expired.

My question,

1) Since I already have an I140 approved, can my employer/new employer file an H1 extension based on I140 approval and previous petition

or do I need to apply a new H1 in the lottery process.

2) In the mean time if PD becomes current, can I apply for I1485 from outside USA.

3) During the time I will be away from USA , if I have to travel to USA on B1 or other visa for short time, will that be a problem as my GC is in progress.

 

Thanks

 

[pontevecchio]

1. Yes. Please be aware that there may be MAJOR changes to the system and what is true today may not be true in a couple of years.

2. By DEFINITION AOS cannot be applied outside. You may convert to CP if you suspect the dates will be current.

3. YMMV. If you already have the visa then you may be able to.

[JoeF]

Your employer can file an H1 as long as there is an approved I-140.

An I-485 can only be filed if you are in the US in valid status. The I-485 is Adjustment of Status, which requires a valid status.

Outside the US, you can use Consular Processing when the PD becomes current.