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Regarding i140

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  • Regarding i140

    1. if we go to India and we have H1 visa stamping(approved) till return date then what are the possible questions/concerns that i should face about and required documents for visa stamping in india ---
    a) After applying PERM -- ?
    b) PERM Approved and i140 in progress --?
    2. In case if i go to India after i140 approval then my current company not allowed back to USA then is it possible to come with this approved i140 to USA on our own expenses ? -- if yes, then how can we manage(sponsoring client letter) at the time of stamping in India ?

  • #2
    1. If you do not have a valid H1 visa stamp on your passport, you cannot return to the US. Consulates will not entertain appointments or issue visa stamps till Dec 31, 2020.

    a) After applying PERM -- ?
    If consulates are issuing H1 visa stamps (assuming at the end of the EO on Dec 31,2020), then there is no explanation needed on DS160 after applying for PERM

    b) PERM Approved and i140 in progress --?
    If consulates are issuing H1 visa stamps (assuming at the end of the EO on Dec 31,2020), and I-140 is in progress,
    you must "YES" to the question on DS 160 "Has anyone ever filed an immigrant petition on your behalf"

    2. In case if i go to India after i140 approval then my current company not allowed back to USA then is it possible to come with this approved i140 to USA on our own expenses ? -- if yes, then how can we manage(sponsoring client letter) at the time of stamping in India ?
    Till you get your greencard, you need the sponsoring employer (only exception is a pending I-485 for 180+days)
    You cannot return to the US on your own without having a job.
    Opinion only. Cannot be construed as legal advice.

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