I-140 Approved but current position filled-B1/B2 Visa to travel for Interviews?

[poppy007]

Situation:

 

An employee had to leave the country due to expiration of H1B while PERM was pending.  PERM and I-140 approval came through while that person was out of country.  However, the company filled that person's position. The H1B extension based on I-140 approval cannot be filed now unless that person has a job.  The company is working on trying to find a job at any location in US based on availability of open positions. In the mean time, that person is also exploring options in other companies as I-140 from one employer can be used for H1B extension at another firm.

 

 

Questions:

 

1. Can that person apply for a B1/B2 visa while being outside the country to go and give interviews in US (could be same employer or other employers). Are there any risks? How will it be perceived by the visa consulate?

 

2. Does change in job location with the same employer impact future Green Card processing. That person is not aware if the PERM was location specific or had flexibility built in.

 

Thanks for your time.

 

[jairichi]

1. With an I-140 approved it will be nearly impossible to get a visitors visa.

2. Yes, it might. Check with attorney.