Consular Processing after I140 approved


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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:-
  1. Will consular processing affect my I140 approval? means is there any chance for denial of my I140
  2. 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.
  3. 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.

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  • 4 weeks later...

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 by JoeF
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