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Question

1) My current H1B is till Jan 17th 2023 and my Eb2 priority date is Juy 2011 (i.e current) via an I140 from a previous employer. 2) I have not applied for I1485 yet as my current employer just applied for the PERM on 5th April 2022. Question - Assume I leave the country now for an emergency and the Jan 17th 2023 H1B visa expires without filing an extension. Then is it possible to request a 1 year H1B to reenter the country for AOS after Jan 17th 2023 based on a approved I140? For example in June 2023 would I be able to request a 1 year H1B based on approved I140? Note that my priority date is current.

User's Location: Princeton, Alabama, United States of America

Category: H1B Visa (Work Visa)