Use I-140 (EB-1) approval to get H1B extension outside US


kparora

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Hi,

 

My company has filed two green card cases for me:

 

1. EB-3 case - PERM applied on 9 Apr 2013 and still awaiting approval

2. EB-1 case - I-140 filed in Oct 2013 and it has been approved

 

I have used up all my six years on H1 visa and based on the assumption, that my I-140 MM will take more than 3 months for approval, I traveled back to my home country hoping that my PERM on my EB-3 case will be approved before that and I will be able to travel back to US after my I-140 is approved for my EB-1 case and I get my 3 year H1B extension at a consulate.

 

Now that my I-140 for EB-1 has been approved before my PERM for EB-3, what are my options to get back into US as soon as possible? I do not want to go the consular processing route for Green card as that can take up to 6-9 months and is a bit risky as I have been told.

 

1. Will my EB-1 I-140 approval create any problems for my H1-B extension using my EB-3 case?

2. Can I use my I-140 MM (EB-1) to file for my H1 extension at a consulate?

3. Any other option?

 

Regards and Thanks,

-K

 

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Small Correction:

 

I have used up all my six years on H1 visa and based on the assumption, that my I-140 MM (EB-1) will take more than 3 months for approval, I traveled back to my home country hoping that my PERM on my EB-3 case will be approved before that and I will be able to travel back to US after my I-140 is approved for my EB-1 EB-3 case and I get my 3 year H1B extension at a consulate.

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