Urgent!!! Can I-140 be applied outside US without valid H1 status

[itsmearjun]

Hi.

I'm currently in US. My 6th year of H1 status ends on 21st Jan 2015(recaptured all unused dates). My Perm was filed on July 7th 2015. Yet to get an update on that.

My question is if I leave US after completing 6 years and in case my labor goes through fine, will I be able to file I-140 (premium) from outside US, then get my 3 year H1 extension using that and come back? Or should i definitely be in US to apply I-140? 

My attorney said we can do I-140 from India using consulate status if I have to leave US after 6 years is over. What is that consulate status. I couldnt get much info on that from him. Appreciate your help.

Thanks.

[ashuneel]

Your employer can file I-140 while you are in India. You can return once that is approved and H-1extension of employment is also approved. New H-1 will need consular processing.

[itsmearjun]

@ashuneel  Thanks for the response Shuneel!!!

 

I assume getting H1 thru consular processing doesnt go through the general H1 lottery happening every year as this process is for GC. Am i right?  and How long does it take to get H1 extension done through consular processing? I read somewhere that it would take atleast 10 months to get done? Is that true? If thats true can we expedite the process? Please clarify. 

[GNH]

You file for H1B like you regularly do , with premium processing it will take 15 days. Then you take the approval notice and go get the H1 visa at the consulate in India. It's pretty simple

[itsmearjun]

Thanks!! for clarifying.

[pks77]

You should leave few days before your 6th year expires else you may not be eligible for cap exempt