prakashrqa Posted July 30, 2020 Report Share Posted July 30, 2020 I have completed 6yrs in USA and moved to India (currently I am in India). Applied PERM, then I140 from India. Below are my I140 status in myuscis website. We have responded to RFE on June 10th 2020. I140 approved on June 15th 2020 USCIS decision was emailed on June 16th 2020 Case Was Sent To The Department of State July 9th 2020 Questions:- Will consular processing affect my I140 approval? means is there any chance for denial of my I140? If not, When I or my Attorney will get my approved hard copy of I140? What is the approx time to get I140 after consular processing. Once i receive I140, can i apply for H1 extn from India based on I140 approval? Please someone clarify my question (above mentioned). Appreciate your time and patient for viewing my questions. Quote Link to comment
pontevecchio Posted July 31, 2020 Report Share Posted July 31, 2020 What is your Priority Date? It would seem that the case is for consular Processing for an Immigrant Visa which can only be scheduled when your Priority Date is current. Contact the lawyer and ask him. You should be able to get H1 extensions. Quote Link to comment
JoeF Posted August 27, 2020 Report Share Posted August 27, 2020 (edited) I second Pontevecchio. If you are outside the US when the I-104 is approved, which you say it is, the case will continue with Consular Processing instead of I-485 (which is only possible if you are in the US.) CP is pretty much a formality, Consular officers can not deny the case unless there is paperwork missing or obvious fraud. They can not reopen the I-140 or question things in the I-140 (unlike what Noah Lott seems to claim.) This is different from the H1 process. Consular officers do not have the discretionary power to reinvestigate the I-140 (unlike USCIS officers when processing an I-485.) Way back when I did CP it took all of 5 minutes, the officer leafing through my file and asking a few questions. Edited August 27, 2020 by JoeF Quote Link to comment
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