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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

Posted

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.

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7 comments

Asker

Posted

But I am on H1B which is valid till Dec-2014. Thus, I am trying to understand whether the complete GC processing (i140 and Consular Processing) can be done while I am outside of USA?

Asker

Posted

So that post Consular Processing when GC is approved I can return back to USA with that and I do not need any other valid visa to enter at that time.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Answer to your first additional question: Yes! Absolutely Answer to your second addit. question: Yes again!

Asker

Posted

Thank you. Greatly appreciate your quick response.

Asker

Posted

One last question - during this whole GC processing when I will be outside USA then my employer will pay my salary in local currency (and I will not be paying USA tax because during that I will be paying local country's tax). Will that be okay as I will not be drawing any salary in USA? Or for GC processing I must be continuing to pay federal tax in USA?

Asker

Posted

Can you please clarify my last question?

Asker

Posted

Can anyone help me with the last query?

Posted

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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