EB1B applied H1b stamping

D

Drdoctor1

Registered Users (C)
Hello Gurus,
I have applied for I-140 EB1B recently (Oct 3rd). Got the receipt notice. I have included my wife on it. She would like to travel back home this Dec with our newborn son and visit family. She is currently on H1B status from last 14 months, but never travelled, so dont have visa stamped yet.
Is it wrisky to travel now and get the visa stamped since we have applied for I-140? Thank you.
 
I feel it should be fine. Infact, if she receives advanced parole (based of your pending I140) before she reenters USA, she doesn't even need H1b visa stamp to renter. I am also on H1b from May 2007. I have applied for AP and will hopefully receive it before I leave to India in Nov end. Using AP does not harm H1b status, but using EAD will revoke H1b. That is my understanding. Please correct me if I am wrong!
 
AP based travel & H1-B status

Hi,
I think if you use your AP while entering you will loose the H1-B status. Your new I-94 might have change of status, not H1-B dates on it. Please double check before you use AP. Its always avisable to get H1B stamped and use that for re-entry
 
Thank you all. But I have not applied anyother things like AP or 485, just 140. Do they give a hard time getting H1B stamped after you have applied for I-140?
Thank you,
 
If you have only applied for 140, then it has nothing to do with your spouse. It is only applicable to you. Dependents come into the picture only at the AOS (485) stage. If your wife doesn't have a stamped H1b on her passport and you still dont have an AP, the only way she can enter back is with a stamped visa. Your applying for a 140 will have no bearing on her H1b stamping. H1 is dual intent and there should be no problem.
 
Thank you. I was confused for the reason that on my I-140 I remeber putting my wife name in the spouse section (part 7 on 140 form). Should I have not put that. I am confused again?
 
Does not matter, you can put anyone's name there. As long as she does not file I-140 on her own, you do not need to mention about that..

HAVE YOU OR SOME ON YOUR BEHALF APPLIED IMMIGRANT PETITION.
ANSWER IS : NO
 
I did my H1B stamping last year after submitting my I-140. There was absolutely no problem. I had also included my wife's name in my 140 but she could also get her H1B stamp without any questions being asked. So it doesn't matter
 
Does this also apply for the spouse of a J-1 who applied for 140.
i.e if I apply for I-140 and my spouse who is a J-2 holder had to leave, can he get a visa stamp easily?
My understanding that a J-1 is not a dual intent but if I do not mention the spouse's name in the application, would that be ok if he applies for a visa stamp?
thanks
 
As far a I know, based on personal experience and what I heard from my friends, is you should not have a probelm. During the H1 interview, be very attentive, do not lie, say dont know, if you are not aware of things they are talking about. I belive one qiestion that needs to be answered on the H1 stamping form (i,e the form given to you at the time of stamping at the consulate) Did you apply for permanent residency? I am not sure if they mention I485 or I140. Just say what you have applied for and be specific.
Good luck
Rama
 
So if I apply for 140 only and my spouse who is currently a J-2 leaves and go to an embassy for visa stampling. How should he respond to that question? he did not apply for 140! I did ... but he is my spouse!
 
Drdoctor1 said:
Hello Gurus,
I have applied for I-140 EB1B recently (Oct 3rd). Got the receipt notice. I have included my wife on it. She would like to travel back home this Dec with our newborn son and visit family. She is currently on H1B status from last 14 months, but never travelled, so dont have visa stamped yet.
Is it wrisky to travel now and get the visa stamped since we have applied for I-140? Thank you.
Click to expand...

HiDrdoctor
It looks like you got receipt notice very quickly. May I know in which center you applied? Also did u receive the receipt notice or your lawyer? Did u file cocurrently?
You response is appreciated
 
Sure frenzgood,
I applied thru mail on Oct 2nd 2007 and got the receipt notice date as Oct 3rd. My lawyer physically got the notice around 7th or 8th of Oct. This was at Nebrasca center.
 
Drdoctor1 said:
Sure frenzgood,
I applied thru mail on Oct 2nd 2007 and got the receipt notice date as Oct 3rd. My lawyer physically got the notice around 7th or 8th of Oct. This was at Nebrasca center.
Click to expand...

I'm really surprised that you got the receipt notice so quickly among this all USCIS present workload. My application was mailed on 12 Oct 2007 and my attorney told me that it will take several weeks to get the notice.
I dont understand why did she lie??? The only way I can find out that my application is received by USCIS is by checking whether the checks are encashed or not??
Is there some other way we can track our application? My attorney didn't give me tracking no for USPS mail....
Pls reply
 
I particularly asked my lawyer to send me the tracking info. Also, I dont have the physical copy of the receipt notice, but they forward me a scanned copy.
I am sorry, I cannot think of any other way other than monitoring your check or ask your lawyer for tracking info.
Good luck!!
 
You must log in or register to reply here.
Top