> MJ23 wrote in message
> news:<34$249085$1603048$1092666936@britishexpats.com>...
> > Assuming that the company I'm working for is welling to work out
> > this
> > arrangement with me. Is it possible to do my I140 application while
> > I'm outside the US on a leave from work while my H1B status is still
> > valid?
>
> If you're outside the USA then your H-1B status is not valid. You
> only have US immigration "status" while within the USA. This doesn't
> have anything to do with an I-140 anyway.
>
> > And then apply for the green card through Counsler processing?
> > I think I could work out this arrangement with my employer no matter
> > how long it takes, but I wasn't sure if this was ok from immigration
> > law stand point!
>
> There is no connection between being an H-1B and getting a Green
> Card. There is no requirement to be in (or out of) the USA while
> an employment-based Green Card related petition is pending.
Thanks for your reply. So you are saying that I could apply for employment-
based green card (I-140 and the Counsler Processing) while I'm outside
the US and on leave from work (i.e. not receiving pay checks)?
Please clarify this for me! Thanks
--
MJ23
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