Filing I-140 separately under EB1

[shreyabrata]

My EB1 concurrent filing would require 3-4 months to get EAD and my current work authorization(H1B) expires on 23-Dec-2017.
Attorney says there could be 2 months of me out-of-work status and then I also cannot leave the country until I get AP(I-131).
My HR is suggesting me to explore an alternative with attorney to file my I-140 first, keep the AOS on hold and allow me to relocate to home country(India) and continue work at offshore, wait for I-140 approval, extend H1B to re-enter US and complete remaining stages of GC(I-485, I-785 & I-131). This process is 4-6 months longer than concurrent filing but it relieves me from pain of living(with family) in US without salary & medical benefits for 2-3 months and avoiding risk of leaving US before getting AP on hand. Does this option sound better than the concurrent filing option which according to me brings me inherent risks considering my work authorization expiry?

[inadmissible]

why cant you just get an H extension and keep on working?

[scientist2016]

My EB1 concurrent filing would require 3-4 months to get EAD and my current work authorization(H1B) expires on 23-Dec-2017.
Attorney says there could be 2 months of me out-of-work status and then I also cannot leave the country until I get AP(I-131).
My HR is suggesting me to explore an alternative with attorney to file my I-140 first, keep the AOS on hold and allow me to relocate to home country(India) and continue work at offshore, wait for I-140 approval, extend H1B to re-enter US and complete remaining stages of GC(I-485, I-785 & I-131). This process is 4-6 months longer than concurrent filing but it relieves me from pain of living(with family) in US without salary & medical benefits for 2-3 months and avoiding risk of leaving US before getting AP on hand. Does this option sound better than the concurrent filing option which according to me brings me inherent risks considering my work authorization expiry?

I am assuming that you have no H1B time to recoup, like time spent outside the US from your 6 yrs. of allocated time. If that is the case, I would agree with not doing a concurrent filing. However, it is not as straightforward as listed: You can get a H1 extension based on an approved I140, only if your PD is not current. If it is current (as it would be for EB1) I do not see how you can claim an extension. You would have to go the consular processing route.

BTW what EB1 sub-category are you planning to apply viz., is is EB1B or EB1C? The reason being that you have premium processing for EB1B I140, while no such thing exists for EB1C I140. So, if it is a EB1B case, you can in theory know the result in 15 days barring any RFEs. If it is EB1C, I have heard it can taken any where from 6 to 12 months for the I140 case to be finalized. So, you are looking at a much longer wait period. In that case, your best bet would be to actually do the concurrent filing, and make do with being out of work for 2-3 months.