I-140

My cousin has filed for I-140 for EB1-A and is in the US but opted for Consular processing as he plans to leave for his home country in 2021. Unless the final action date is current they won’t process the green card in consular processing in one's home country. But one question what if dates for filing for EB1 A become current and one is in the US but opted for consular processing? What happens then? Can one submit all documents for consular processing when the dates for filing becomes current from the US? And instead of a previously opted place for an interview (home country) can one change that later?

Would appreciate a prompt response.
Thank you!

Hi All,

One of my friend has an unresolved consumer civil case and he is planning to start his GC process. Does USCIS has access to such background info as cases in consumer civil courts? Would it be a problem in any way even after it gets resolved?

Big Thanks!

Hi everybody.

A friend filled for EB-2 NIW I-140 concurrent filling with I-131, I-765 and I-485 last year October.
He got the EAD on last year december.
Last month he got a denial of his I-140 after an RFE.
He asked some questions to me and I don’t have the answers.
I really appreciate any input.

He came as F-1 student last year and filed all forms listed above on Oct, 2019.
On Jan, 2020 he quit the ESL school, signed the papers and, I beleive, he became out of status now after the denial.
After the I-140 was denied last month:

1) Can he stay in US and fill a new I-140 even without lawful status ? (he quit his school 9 months ago)

2) his EAD expires on Dec, 2020. Can he keep working with his current EAD ?

3) does his unlawful status period start to count on the day he quit the school or on the day his I-140 was denined ?

My details:
PERM approved - July 2020
I-140 approved - Sep 2020
H1-B - in my 6th year - Expiring Feb 2021
H1-B extension applied - Sep 30, 2020 - PREMIUM

I was let go of the job and serving the last 2 weeks. Currently awaiting a decision from USCIS on H1-B extension. Could you please help with these scenarios?

1. H1-B extension approved before employment termination, I-140 revoked by the employer after termination -
- Can I still work in the United States using my approved H1-B extension?

2. H1-B extension NOT approved before employment termination, I-140 revoked by the employer after termination -
- Can my future employer file for an extension? Is this possible considering PERM filed one year before H1B expiration?

please can somebody kindly, help me.
I filed I_140/EB2_NIW concurretly with 485, 765 and 131 since Feb 2019 and my status online remains unchanged till date. Although I was given EAD in Aug 2019 and renewed this year. Is there anyone of the same experience here. Please, help me, I don't know what to do because I found that my application is already overstayed.
Thank you
John

we are going to apply for I-140. What is considered as priority date for EB1?

Hi All,

I received RFE on my 140 application under Eb1C normal processing. Have already responded to the RFE and its been more than 45 days, there's no update. Anybody experiencing the same situation. Also wanted to know in how many days we can follow up with USCIS for the case status update. Thanks in advance.

Hi,

My I-140 was denied by USCIS, as per attorney's suggestion we filed MTR(I-290B). MTR application is pending since more than a week.

Does anyone know , can I file another I-140 through same employer without withdrawing current Motion.

Dear All,

My I-140 case was approved in June 2019 and received the approval letter in mail box. I am currently waiting for my I-485 final decision after sending my RFE for medical (I-693) more than a month ago. However, my I-140 status in USCIS website is still showing "Case was received", no further update. I was checking some of the cases submitted after me, those case status were updated.
Anyone has experienced such an issue like me. Please share your valuable thoughts. Thank you in advance!

Now in the 6th year of H1B.
Once I-140 is approved, I plan to start an immediate H1B transfer to another employer. If AFTER the H1B transfer is approved my current I-140 is revoked/withdraw within 180 days of the I-140 approval, will that make my approved H1B transfer on longer valid? What are the outcomes in this case?