Dr. William:

I received the I-140 approval notice 3 weeks ago from the Vermont Service Center, but I can not file I-485 application and Advance Parole due to the visa number retrogression for EB-2 in my home country. As a professional in H-1B nonimmigrant status, I need to make international travels. Do I have to renew my H-1B visa at an American Consulate in my home country or in other country?

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Answer:

Because of the immigration visa number retrogression for EB-2 in your home country, you can not file I-485 application and Advance Parole as a travel document, even your I-140 petition has been approved. You may want to keep a H-1B nonimmigrant status throughout the process of green card application, and use the H-1B visa as your international travel document, in case your can not file I-485 and Advance Parole.

Currently, there is no "visa revalidation" program within the U.S., so you have to get or renew H-1B visa in an American Consulate in your home country or in other country. The visa revalidation program may be available inside the U.S. in the future as these is a bill in the U.S. Congress at this time, which could let the foreign professionals to apply for or renew the H-1B visa in U.S., to save the cost and time of international travel, and to avoid the unpredictable result at the American Consulate overseas.