Can PERM / 140 be filed by company while I am outside the US?

[maverick80]

I was talking to an attorney over the phone today and she said that PERM can be filed followed by 140 even if I am outside the country (working for an overseas department of the company) and I can come back on L1 / H1B, because GC is for future employment.

We were discuussing this because I was concerned that I may not be able to file H1 extension if the PERM is not filed 365 days before H1 extension.

This would be totally awesome coz I would love to work in some other country for a while.

Is this really true? (seems too good to be considering that everything else seems stacked up against us). Oh, if it matters to the discussion: I'm in EB2/India/retrogressed ad infinitum.

[desi3933]

Can PERM / 140 be filed by company while I am outside the US?

I was talking to an attorney over the phone today and she said that PERM can be filed followed by 140 even if I am outside the country (working for an overseas department of the company) and I can come back on L1 / H1B, because GC is for future employment.

.....
.....

Your attorney is correct.

_______________________
Not a legal advice.
US Citizen of Indian Origin

[solaris27]

yes u can do it

[kumar1]

You can do it, we can help. --Home Depot

[ivar]

You can do it, we can help. --Home Depot

Good one. :-)

[pasa0202]

Its true... I am also in the same situation. My perm applied in Jan 2010 and H1B getting expired in Apr 2010, my company planning sending me to India to work from there. My attorney told me that once perm get approved then they can apply for I 140 even I am out of the country.
And then apply H1 B ext. and can come back to US. Let see how it works.