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Filing i140 when I am outside USA

Columbus, IN |

Hi, My employer is filing my GC (on EB1). As the i140 filing related paperwork preparation is going to take some time, I have to travel outside USA (for few months). But I do not want i140 to be on hold. Can my employer file i140 when I am not in USA? Thanks, JD

Attorney Answers 2


  1. But of course employer can file the I-140 on your behalf with you being temporarily out of the country. The L-1A visa is a "dual purpose " visa. You will still be welcomed back into the country on your still valid L-1A visa.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. There should not be a big concern in this matter.

    My answers are for general information only, NOT A legal advice because these are not tailored to your specific situation. Contact an Immigration Attorney if you need legal advice.

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