Travel during Labor certification/I-140 application process

[rafaycinena]

Hello,

I'd like to know if it is possible to travel outside the US during while forms I-140 and I-485 are in process.

This is where I stand:

1. Applied for Labor Certification (PERM) on May 30, 2007. Has not been approved or rejected. Expected to get an answer by end of September or the end of October 2007.

2. If is approved I will file I-140 and I-485 concurrently before the end of the year.

3. Need to travel outside the US in February 2008. Is it possible to get advance parole during the application process? I was told form I-140 needs to be approved in order to be able to travel.

Your opinions are greatly appreciated.

[waitin_toolong]

If you Pd is May 2007 I doubt your date will be current in Feb 2006. There are no issues with travel while labor or I-140 are pending.

If you are lucky enough to be able to file I-485 but still maintain another status like H1/L1 H4/L2 then you can travel without AP using that visa.

[rafaycinena]

Thanks for your response. My H1 expired in June 2007 so I don't have a visa to travel with. If my labor certification is approved in the next few months and I send forms I-140 and I-485 can I apply for Advance Parole at the same time? This way I will be able to travel and return to the US while the I-140 and I-485 are being reviewed.

[waitin_toolong]

if your H1 is expired how are you working now.

My main point remains that you are being highly optimistic that the visa numbers will be current fr you to apply I-485 a big assumption.
Can you give more info on your EB category and nationality.

[rafaycinena]

I filed for PERM before my H1 expired. I consulted with a lawyer and was told that I could keep working while my application is pending. I'm EB3 from El Salvador.

[waitin_toolong]

your laywer is wrong and you are working illegaly. to work you need some kind of authorization, H1, EAD or something similar. consult another lawyer. It looks like your lawyer is leading you astray as for EB3 is is expected that PD will be Jan-Jun 2004 yours is May 2007 there is no way you can file so soon. Plus without work authorization you cannot work

About H1 I dont mean the stamp on passport but if you filed for extension the I-94 that came with it.

[Defeated]

what happened rafaycinena...i'm in the same boat

This is for rafaycinena...I will be facing that same predicament next month. I submitted my LC for PERM in July 30, 2007 and my H1 will expire Dec 27, 2007. I'd appreciate it if you can share your experience with me. Thanks.

[GreatGuru]

PERM is not an immigration petition. PERM is applied to Dept of Labor not USCIS. If your H1b is expired you are out of status.

Applying PERM will not give you any status to work.

------------------------------------------------------------

I filed for PERM before my H1 expired. I consulted with a lawyer and was told that I could keep working while my application is pending. I'm EB3 from El Salvador.