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Old 05-09-2015, 04:05 AM
maxpayne1 maxpayne1 is offline
Junior Member
Priority Date
I140 Mailed Date
Processing Stage
I485 Mailed Date
Join Date: Apr 2015
Posts: 8
maxpayne1 is on a distinguished road
Default I-140 approved and laid off while outside the US before filing H1B extension

Hello Administrator2 and other IV senior members,

First off, I wanted to say that all your efforts are much appreciated.

I have a question regarding the potential upcoming administrative fixes. My I-140 was still pending when I was at the end of my 6th year on H1B (after all the recaptured time) and as a result, I had to leave the US to go work at one of my company's international locations. The plan was to work outside the US until my I-140 and 3 year H1B (based on approved I-140) were approved and then come back into the US on the new H1B. While outside the US, my I-140 was approved, but shortly after that, I was laid off due to reduction in work force at my company. So needless to say, there is no way they can proceed with the H1B (based on approved I-140) now. I was wondering if the upcoming fixes would allow me to re-enter the US (based on my approved I-140) through consular processing. I realize most of these fixes pertain to Adjustment of Status and EAD/AP for people already in the US. Does anybody know if there is anything in the fixes that would help my situation at all? Will I be eligible to apply for an EAD (or its equivalent) through consular processing?

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