After perm is approved, can the I-140 be filed when I do not have a valid H1B and I am out of the country? 5 Answers as of July 24, 2013

My Permanent residence is filed in February 2013. My H1B is maxing out on Aug 26,2013.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes. Be sure to select consular processing on the I-140.
Answer Applies to: California
Replied: 7/24/2013
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes, I-140 is filed regardless of whether you are in H-1B status or not. If it is for a EB2 petition and the priority date is current, the I-140 can be filed concurrently with the I-485.
Answer Applies to: California
Replied: 7/23/2013
Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
Yes. A labor certification can be processed from abroad.
Answer Applies to: California
Replied: 7/24/2013
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
The employer can still file the I-140 if you are outside the country.
Answer Applies to: New York
Replied: 7/23/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
The I-140 can still be filed and must be filed within 180 days of Labor Cert approval. If you obtain I-140 approval before you max out your H-1B term, you can extend your H-1B status as long as the extension request is filed timely.
Answer Applies to: California
Replied: 7/23/2013
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