I am on H1B visa which expires on 17th May 2016. H1B extension has been filed and is in in process. (Regular processing). I also got my PERM approval on 01-Jan-2016. My employer has applied for I 140 which is still in process (Regular processing, EB2 category). My max out date is 10-Dec-2016.
Due to a family emergency I need to travel to India for 1 month (May 2016 to June 2016) and I need to be back to USA by June 2016. My employer has taken into consideration my urgency to travel and agreed to change my H1B extension from regular to premium processing.
Which is a better option considering I cannot stay in India beyond 1 month (leave restrictions)
1. Transfer H1B extension from regular to Premium processing, get visa stamped in India and come back to USA
2. Transfer I 140 from regular to premium processing, apply for H1B extension with approved I 140, get visa stamped in India and come back to USA.
How long is the processing time for H1B extension with an approved I 140?
Here is an absolutely legally accurate guidance I could issue to you:
immediately present any issues with your pending immigrant visa case to your counsel of record.
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Very specific. Schedule a consultation with an experienced immigration attorney.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
These calls should be made by the lawyer representing the employer. Be in contact with them.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Your counsel is paid to provide these services.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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