Can I File i140 from India?

USA
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1

Can I apply for I-140 from India and subsequently extension of H1B.

My H1B cap is going to expire in 12 months and I can forsee that, the time would be good for me to only get PERM by the H1B expiration.

2

You can file i140 from India. You can then use the approved i140 to file H1B extension.

3

Thank you for the information

1 Like
4

is it allowed to file EB2 to EB1 port from India as well?

5

You can do anything if you are eligible.

6

My H1B maxout is 31-Mar-2020 (all vacation time recaptured), Perm is filed on Dec-15.

My employer is US based with no Offshore, can they keep me as employee legally after Mar-2020, if they cannot keep me as employee legally but continue processing my I140, will they still be able to apply for H1B extension while I am in India.

Please advise

7

Hi @gaganmay26

Please see my answer above.

8

Thank you Anil!

Will i not need US paystubs for H1b extension.

I will not be working while i am in India.

9

Pay stubs are required only when you are currently working in US and asking for extension.

10

Hi Anil,
My H1B is expiring on 18-Sep-2020. My company applied PERM and still in progress. Could you please help me with the following queries.

I will be travelling back to india on/after 10-Oct-2020, considering if PERM or i140 still in progress.

a)If my PERM or i140 is still in progress after H1-B maxed out i.e., 18-Oct-2020. Will the applied Perm and H1B will become void and do I need to apply for a fresh H1B?|

b)If the above is not true, if I get PERM or i140 approved after H1B maxed out, can I apply for H1B extension from India? Do I need have any cooling period?

Kindly let me know what are my options if i dont want to go for a Fresh H1. Please advise. thanks

Regards
Dinesh

11

Hello,

I am in the 6th year of my H1B Visa working for a start up in the California Bay Area with the PERM application applied as of Aug 27, 2020.

The company also recently recaptured some of my time to extend my H1B Visa till Feb 5, 2021 from Jan 1, 2021.

And with the current estimates of roughly 150+ days of PERM approval (assuming no audit) the timeline could get real tight with the subsequent I140 and H1B extension (should be premium processing). Hopefully if atleast the PERM and I140 are approved I can rely on the 240 day rule.

But I am looking for suggestions/recommendations to approach the situation within these next couple of months for these scenarios,

  • Spouse has approved I140 and a GC priority date; so consider COS to H4 to maintain status post Feb and also apply for EAD (not sure of the timelines here)

  • Travel back to India for another month and recapture time again (needs to be decided quick since my current stamping is valid till Jan 2021)

  • Also for the worst case so I can communicate this to my company

  1. With PERM pending after maxout time and I travel back - can they still apply for I140 and H1B extension in premium processing and can I come back to work with the new Visa stamping from the consulate or will the application fall through?

  2. Same question for COS to H4, will the application fall through incase I travel back?

Based on these answers I can convey to them about stopping work and waiting for these processes to be completed from India. They have been using premium processing whenever and wherever possible.

I am also aware of the other worst case of audit which can throw all these dates off.

Thanks much,
Sanmathi