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Applying for i140 when status is B2

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  • Applying for i140 when status is B2

    Hi,

    My H1b already expires and i am not eligible for extension since my priority date is current and labor is not older than 365 days. Now my lawyer applied for i140 on premium category and also applied for B2 so my status will intact valid. I do have following question

    1. If my i140 gets approved and my B2 is pending, can i apply for i485?
    2. If my i140 gets approved and my B2 gets rejected, do i need to leave US? And based on i140 approval, can i apply for new H1b after leaving the country?

    Thanks,
    Umair.

  • #2
    1. Yes.
    2A. Yes.
    2B. Not immediately, but after one year.
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      Thank you for your response.

      One more question. It will going to be one year on june 2015 since my labor was applied. If i am outside US, can my laywer asked for H1b 7th year extension based on labor filing date? If yes then i need to go to my US embassy for Visa stamping?

      Thanks,
      Umair.

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