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Is consular processing my only option now?

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  • Is consular processing my only option now?

    Hello,

    Quick story:

    1. My employer applied for PERM (EB2) in May 2010
    2. My H1b expired at the end of September 2010 and we (me and my H4 wife) left the country to not overstay (my 6 year limit was up)
    3. My PERM got approved in October 2010 (woohoo!)

    Now employer is about to send I-140... Assuming this one gets approved, what are my options now? Should I just go with consular processing in my home country or is there any good way to get me (and my wife!) quickly to US...
    The only option I think about is extending H1b beyond 6 years ( and doing Adjustment of Status when in US)... which, in theory, is possible for I-140 beneficiaries... the problem is my H1b expired one month ago... Any thoughts?

    Thank you for all your time & help,

    Rob

  • #2
    Your straightforward option is to apply for H1B Visa using I-140 approval. Since your H1-B is already expired, you are eligible to expedite the I-140 by premium processing and also expedite the subsequent H1B petition by premium processing. Nowadays the upcharge for premium processing seems to have increased by a big % but given your circumstance, I think it is your best option. You could be back in US in a month.

    Good Luck!

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