Q: Can i file for i-140 while on F1 (expired visa) with an H1B approval pending? The PERM is approved, working on CPT.
After being picked in the H1B lottery still waiting for the approval to arrive, in the mean while i am waiting to file my I-140 but my attorney is asking me to step out of the country to re-validate my expired F1 visa. This is seems a little weird why would i risk stepping out of the country and does I-140 need a travel stamp on my passport ? Can i just ask the attorney to proceed with the filing of I-140.
A: I do not know your full situation without seeing your documents, but it may be that going outside the US while waiting for your H-1B approval might be the worst thing that you could possibly do. Depending on the details of your situation, you might get stuck outside the US for a shorter or longer period of time unnecessarily. I would suggest getting a second opinion from a different attorney who has H-1B and green card experience without further delay. To mention only one problem, if an I-140 is being filed for you, you would not be eligible to renew your F-1 visa stamp. Leaving the US might also cause complications and delays with your H-1B case. Also, if you are still in school or have OPT, or you are in an F-1 grace period, you may be in legal status even if your F-1 visa has expired. You should seek another attorney's opinion before taking any action,
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