Concurrent filed, needs to travel .. should get H1 stampled?

U

umyal

Registered Users (C)
Hi All,

I have filed i140/485/EAD/AP on Oct.16, 2002. I still have almost one year left on my H1. My stamp in passport had been expired but I have new I 94 issued. I want to travel to India and get the visa stamped in Mumbai. I don't want to use AP for travel as it invalidates H1 status. But I remember that there is a question in the form you fill in for visa stamping which asks whether you have filed Immigrant application. What should I answer to that question? If I say no, what will happen and if said yes, what will happen?

Gurus, please reply..


Thanks,

Umya
 
You MUST state "Yes" to filing immigrant petition. If you state "NO", you are lying to the INS/State Dept, a reason for GC denial.

Stating "Yes" DOES NOT affect your H1 because H1 falls under the "Dual Doctrine" law where one can still obtain H1 visa even when GC intention is stated. Only H1 holders enjoy this privilege.

Good Luck!
 
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