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I am currently traveling to India and am on H1b. My i 797 is valid until March 2018 but for some reason my i 94 expiration date is listed as January 2017 instead of March 2018.
My attorney just noticed this date on my i 94 and said it would be easier if I come back to the US and get a new i 94 with the corrected expiry to file for my i 140. But i'll be going back to India after 2 months so I do not want to delay the process until then. Also, my wife has found a job but she needs an H4 EAD which I can only apply once my i140 is approved. My company files i 140 in premium.
Is my lawyer right in saying its better if I go back to the US and then he files my i 140? Will I have any issues if he files for my i 140 now and I travel to the US later in December?
My attorney just noticed this date on my i 94 and said it would be easier if I come back to the US and get a new i 94 with the corrected expiry to file for my i 140. But i'll be going back to India after 2 months so I do not want to delay the process until then. Also, my wife has found a job but she needs an H4 EAD which I can only apply once my i140 is approved. My company files i 140 in premium.
Is my lawyer right in saying its better if I go back to the US and then he files my i 140? Will I have any issues if he files for my i 140 now and I travel to the US later in December?
