kparora Posted November 26, 2013 Report Share Posted November 26, 2013 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 Link to comment
kparora Posted November 27, 2013 Author Report Share Posted November 27, 2013 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. Link to comment
pontevecchio Posted November 27, 2013 Report Share Posted November 27, 2013 CP is not risky in the absence of fraud. They cannot readjudicate your approval. If the grounds of inadmissibility do not apply they cannot deny you the Immigrant visa.In view of recent changes in interpretation you should at the very least consult the firm of Murthy or any of your choice. Link to comment
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