Hi,
I am currently in 4th year of my H1B.
Working as a consultant at client location (Employee-Vendor-Client model). My employer is a small company.(With a strength of around 30 employees)
He is about to initiate the Green Card Processing. First step is to file the Labor.
Hopefully my labor would be filed in next 2-3 months. In the meantime I am planning to go to India for Visa stamping in the month of Feb or March. There is a high probability that I might get stuck in India as getting the Visa stamping is taking a long time.
I would like to know whether he can initiate I-140 filing in my absence if my labor is approved ?