H-1B stamping problem if I-140 already approved?

A

alex7070

New Member
Hello,

I tried to search this group for answers and I could not find exact answer to my "problem".

My I-140 is approved.
I am "on hold" for I-485 due to quota issue.

My H1B visa extension is approved and vaild till 2008, but Visa stamp in my
passport has expired.
I am considering to travel home and hence I need
to get my visa stamped in my passport before re-entry into US.

I will have to answer YES to the
immigration petition question on form DS-156 (Item#36) since my I-140
is already approved when I appear for the visa stamping interview.

Will this be a problem? Expressing immigration intentions while
appearing for non-immigrant visa stamping?

Thanks for your response.

Alex
 
Alex,

I am in exact same situation and looking for an answer, in my case it is little worse (apart from I-140 approval). On a business trip, I have to go Tokyo. My Attorney is advising me to go US consulate there for stamping. Being an Indian citizen, do they allow stamping there or will they ask me to go home country for stamping?

Thanks
 
don't worry, I went to Bulgaria to get an extension of my H1B visa, while I was in a process of filing for I-140, and I answered 'yes'to this question in the document that you worry about.Eveything was ok, they stamped my passport
 
Thanks BGUSA for great news. I guess I can relax now :cool:

Beam2006, I hope you get your passport stamped in Tokyo. I would say that it shouldn't be a problem, especially if you already had previous visas stamped in your home country. Of course, let's wait for somebody who had similiar situation and real life experience. Anybody?
 
I'll be in a similar situation, i'm on my first H1B after F1, recently applied I-140, will be applying for H1 extension and stamping in couple of months. My lawyer says its OK coz H1B is dual intent visa.
 
Pretty common

Dont worry fellas I have been to the Toronto consulate about 3 times for H1 extensions. I get attitude from the consulate officers when they see that I am in the immigration line, but think of that as a stray dog that barks at you. At the end of the day you go home and the dog stays on the road

-JACK
 
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