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I - 140 - Have to leave for India???

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  • I - 140 - Have to leave for India???

    Hi Friends,
    I came to US in December 98 so Dec 2004 i will be completing my 6 years of H1 stay. I have transferred a Labor in May'2004 and i filed for I 140 on June 4th from Texas center as i have SRC no. as reciept #.
    Now i haven't heard anything on I 140 yet and the company is saying that it is a transfer labor so I 140 is also a transfer case, so we shouldn't file 485 till we get I 140 cleared. Now if i do not receive my I 140 in next one month then i have to leave for India, can you please advice me if i can extend my stay in US now??, My labor and I 140 is filed in this year so extension is possible?, If my I 140 gets cleared in next year when i am in India then can we apply for consular processing?, how long that can take?, can i come back on H1 next year again after staying out for 1 year??
    Please advice.
    Thanks,
    Dev

  • #2
    Do I need to leave to India?

    Hi Dev,

    I am also in a similar situation like you as my I-140 is filed recently and my H1 is reaching 6 years. My attorney told me that I can continue to renew my H1 after 1 year of filing my Labour. I filed for my H1 extension and got it too.

    Thanks

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