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H1B will expire in July - I-140 not approved - What are my options

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  • H1B will expire in July - I-140 not approved - What are my options

    Hi all,

    my H1B (6 years) will expire end of July. In order to file for a visa extension I would need to have I-140 approved (my application was done less than 365 before H1B visa expiration date).

    I wondered if any of following options are possible and if someone could suggest something else it would also be appreciated. I am a European if this makes any difference.

    1. If I don't get I-140 approved (I will go for premium processing and together with I-485, but not at this point yet), can I leave the US at the end of June for unpaid vacation back to Europe?
    This way I would have one month of unused H1B visa while GC is still processing. Once I-140 is approved I would return to the US and have this extra month for visa extension. Would this work? Would one month be enough for such endeavor?

    2. If the company decides to go for EAD and AP instead of H1B extension, is it possible I receive EAD and AP while abroad and return with this AP to the US?

    Any other suggestions, please?


  • #2
    I am trying to get a legal advice, not a way to trick the system illegally.