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I-140 and J1 home residency rule

Published Apr 14,2024 By Ola

I had my I-140 Petition (Exceptional Ability for the National Interest Waiver) approved in November 2022 but had to leave the U.S. to fulfill a previous J-1 visa 2-year home residency rule. I have now completed it. I plan to file the petition for Permanent Residence with the i-140 from my home country’s U.S. Consulate. I was told the approval doesn’t expire, but I also saw somewhere that it does after the priority date. I still work with the same organization as a consultant from my home country. Can I proceed with the filing, or should I start the process all over again?

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1 year ago

I do not see why you would need to start the process from scratch. However, if in doubt, please consult with a qualified immigration attorney.

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