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Other Employment-Based Greencard/I-140 General Issues

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  3. Can I go back to China after I submit I-140 application?

Can I go back to China after I submit I-140 application?

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Post by unknown 139 on 10 Jan 2014

1. My J1 Visa expired and I have renewed I-2019 in USA. Now, the expirition date of I-2019 is June 2017. Can I go back to China after I submit I-140 application? Will I be rejected for J1 Visa when I come back to USA because of my I-140 application? 
2. Should I change to H1B Visa when I-2019 expire (expire date : June 2017) and before I485 submission? 
3. Usually, how long it will take to approve I140 application after submit it? 

Post by legalmatrix on 10 Jan 2014

1.  Yes, there is a possibility that you will be unable to get a new J-1 visa stamp after filing the I-140. The J visa category only permits non-immigrant intent and the filing of an I-140 demonstrates immigrant intent, to some extent.  You may be able to get the J visa stamp, but there is a chance that the consulate will deny your visa stamp application based on your pending I-140.  We recommend that you get your new J visa stamp before filing the I-140.

 

2.  It is up to you.  You do not need to change to an H-1B visa before you file the I-485.

 

3.  It takes the USCIS on average 2-6 months to process I-140 petitions, regardless of which category they are filed under or the country of origin of the beneficiary. For more information regarding current processing times, please see  this link.   

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