You are allowed to travel so long as you have a valid H1B even if your I140 application is still waiting. Make sure that your HR department and your lawyer are on the same page before you leave, and that they have all of the documentation that are necessary to complete form I-140. Good luck!!!
Can I travel to India while I-140 is pending?
Hi, You are permitted to leave the country while your I-140 petition is being processed since, as you mentioned, your H1-B visa is still current.
Can I travel to India after I-140 approval?
That’s not a problem at all. You may still apply for a one-year extension based on your PERM approval after the sixth year of your H1B status, so there shouldn’t be any issues even though the approval of your I-140 won’t come until after the date you plan to travel.
Can I travel to India while my PERM is in progress?
Absolutely, you shouldn’t have any problems while your company is doing the PERM paperwork.
Can I stay outside US after I-140 approval?
- If you are living outside the United States when your I-140 is approved and your priority date is current, you and your dependents are eligible to apply for an immigrant visa at a consulate of the United States Department of State overseas in order to come to the United States and be admitted as permanent residents.
- If your application is approved, you will be able to adjust your status to permanent resident in the United States.
Can I travel when my I-140 is pending?
An H holder’s ability to enter or re-enter the United States in H status should not be affected by whether or not an I-140 or I-130 petition is pending or has been approved.
What happens if I move to India after I-140 approved?
You are free to return to India at any time. When you file Form 140, you should choose Consular Processing rather than Adjustment of Status as your processing option (if you want to process your GC further when your PD is current being out side USA). Only people physically present in the United States are permitted to file Form 485.
How long is I-140 valid for?
Within the 180-day validity period that is noted at the bottom of every page of the labor certification, you are required to submit the labor certification together with the Form I-140.
Can I travel while I 485 is pending?
If You Need to Travel In most cases, you will be considered to have given up on your application if you have a pending Form I-485 and you leave the United States without a document proving that you have been granted advance parole. Visit our page on Travel Documents for any more details you may want.
Can I travel internationally when my PERM is in process?
Your plans to go overseas will not be affected by a pending PERM application unless you intend to apply for a visa at a U.S. consulate and that visa does not permit dual intent. In that case, your intentions to travel will be affected.
Can I travel during PERM processing?
During the time that you are waiting for the processing of your application for permanent residency (Form I-485), you need to exercise extreme caution if you plan on going outside of the United States. In the event that you do not get authorization to travel in advance of your trip, you run the risk of accidentally canceling your application for permanent residence.