Dear Anil,
I am currently working for Company A from India.
Company B (a consulting company) filed my PERM Labor Certification in September 2024, and it was approved in February 2026.
My H-1B reached its maximum stay (max-out) on November 5, 2025, and I returned to India on November 3, 2025. Since then, I have continued working for Company A from India.
I recently contacted Company B regarding the next step of filing my I-140 Immigrant Petition. However, they responded:
“We can only apply for the I-140 if you are here with a project. We are already under a lot of burden, and it is not easy for us to do anything at this time. This is a complicated process since you are not in the U.S., and you were never on our payroll.”
Based on the information I have found on various immigration websites, it appears that an I-140 petition should generally be filed as soon as possible and no later than 180 days after the PERM approval date to preserve the approved labor certification and the priority date.
Could you please guide me on the following questions?
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Can Company B file my I-140 even if I do not currently have a project with them?
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Are a job offer, active employment, or pay stubs required to file the I-140?
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Does the employee need to be physically present in the United States for the employer to file the I-140?
I would greatly appreciate your guidance on these questions.
Thank you.
Julie