How long can an approved I-140 Stay valid without AOS

Hi,

I’m an DACA recipient that accrued unlawful presence 1 year after my 18th birthday. This results in a 10 year re-entry ban if I were to ever leave the country without AP or a d3 waiver or a I-601 waiver.

My current employer is filing an EB2 for me and we are applying both through the PERM process and the NIW route. They will also put me into the H1B lottery. I do not have a qualifying relative that would make me eligible for the I-601 or I-601A waivers in the event that an I-140 is approved.

I have a master’s degree so I am very confident that my EB2 will get approved and I have a high likelihood of being selected in the H1B lottery.

My current hope is to win the H1B lottery and use the d3 waiver to re-enter the country through an H1B visa. This would trigger the 10 year re-entry ban even though I am in the United States (I have confirmed this with multiple attorneys). My hope then is to wait for the EB2 to get approved. But once there, I am stuck since I do not have a qualifying relative to help with an I-601A (I do not want to get married).

The only solution I can possible think of is to extend my H1B onto the six year maximum and then leave and work outside of the country for another 4 years to finalize the 10 year inadmissibility period to then re-enter the country with the I-140.

I am unsure about whether the I-140 would be valid for that long (10 years) without expiring or whether it would be valid if I leave the country and work for another employer outside of the United States.