I-140 approved - when can I go back to US?

[Mallika]

Dear Experts,

My I-140 was filed under "Premium processing" and I have received approval last week. I am currently out of US since May and want to go back. I do have a valid H1-B visa till Sept '10. But, my lawyers have asked me not to go back till my H1 three year extension is approved. This is where I am confused and have the following questions:
1. Why do I need to wait for the H1 approval to come through? Can't I go back now since I do have a valid visa on my passport?
2. For extension filing, don't I have to be physically present in US?

I need to go back asap because working from outside the country is not working out that well for me now since past two months. So, any pointers in this regard will be greatly appreciated!

Thank you!
Mallika

[hpandey]

No you don't have to wait for your 3 year extension to return to US. Your lawyers and company are basically trying to get your three year extension so that you can get a 3 year visa stamped in your passport. But there's nothing stopping you from returning to US at any time on your current H1b.

For your second question - no you don't have to be present in the US to file for the extension .

[GCmuddu_H1BVaddu]

One will get a H1-B without I-94 if the person is outside of USA.

so basically you need to go for stamping to the local consulate for the visa.



For your second question - no you don't have to be present in the US to file for the extension .

[hpandey]

One will get a H1-B without I-94 if the person is outside of USA.

so basically you need to go for stamping to the local consulate for the visa.

If you apply from outside and then come back before it is approved using your old H1 , you would probably get an approved H1 without I-94 which would would need to get stamped again before your current one expires.

Therefore I would suggest that you come back and apply from US itself so that you don't have to go back for stamping again.