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Old 09-23-2009, 02:35 PM
frostrated frostrated is offline
Senior Member
Priority Date
:
Aug-04
Category
:
EB3
I140 Mailed Date
:
08/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/08/2007
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Join Date: Jun 2009
Posts: 258
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Quote:
Originally Posted by quadric View Post
I have both an I-140 Approval Notice and a H-1B which expires Apr, 2011. I'm needed by my US employer to go on a long-term assignment abroad (outside of the US).

Is this allowed on a H-1B? I'll still be on the US payroll, just not living in the US?

If my priority date becomes current in that time abroad, do I need to return to the US to file for AOS? How long after filing do I have to remain in the US, assuming I am still needed abroad?

What happens if I am needed past my H-1B expiry date, do I need to return to the US to file for an extension?

Thanks.
it is not a problem. you can stay out of the country and it will not affect your status. but if your date becomes current, then you will need to be physically present in the US to apply for your I-485. And at that time you can also apply for your Advance Parole. That will free you from the shackles of the H1-B. If on the other hand, you want to remain in H1-B status, then you need not file the Advance Parole, but you will still need to be present in the country to file for your I-485.
If in your I-140 application, you indicated that you would go for Consular processing, then when your date becomes current, you will need to go to your home country for an interview at the US Consulate for your jurisdiction.
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