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I140 processing while on H4

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  • I140 processing while on H4

    Dear Friends,
    I was working with a company for 3 years before I got laid off in Feb 2009. The company had applied for Labor (EB2 category), sometime in 2008. Just before my layoff in '09, my labor got approved.

    I am currently on H4 Visa looking out for a job. Meanwhile I received a mail from my employer stating they can support my I140 petition provided I can pay for the petition. I asked the attorney and she said it is possible they can file for the I140 as GC is for future employment.

    Following are my questions:

    1) If I get employed by another employer (which is quite possible) , would it not be a problem with the I140 processing ?

    2) Would I have to be working in the same occupational field as when my labor petition was filed ? It is quite possible I may be working in a different field sometime soon.

    3) Do I need to be in the US while my I140 is being processed ? If my H1 expires in 2010, can I return to my home country and come back to US based on I140 petition ?

    4) Is it possible to let me know as to typically how long it takes for the I140 approval ?

    Do you think it is a wise decision to go ahead with the I140 petition in my case?


    I appreciate help in this regard. Thanks a lot to everybody.

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