H1-B visa stamp pending I-140 approval

[printent]

Hi,

I am not sure if my question fits into this forum very well. Since it is in part relavent, as far H1B stamping is concerned, I am posting my question here.

I have changed from F1 to H1B and need to go to US consulate in India to get passport stamped if I visit India. I have filed I-140 NIW and is pending decision. My question is, will it be riskey to visit consulate for visa stamp in view of clear intent to immigrate through I-140 petition.

Any ideas/suggestions/opinions will be appreciated.

regards,
printent

 

[usnycus]

H1 is a dual intent non immigrant visa.

There are no risks just because you have approved I-140 unless you are interviewed by some ignorant employee at consulate.

 

[max2k1]

Hi,

I am not sure if my question fits into this forum very well. Since it is in part relavent, as far H1B stamping is concerned, I am posting my question here.

I have changed from F1 to H1B and need to go to US consulate in India to get passport stamped if I visit India. I have filed I-140 NIW and is pending decision. My question is, will it be riskey to visit consulate for visa stamp in view of clear intent to immigrate through I-140 petition.

Any ideas/suggestions/opinions will be appreciated.

regards,
printent

Absolutely no problems .... the wording of the INA (Sec 214) is very clear.
Immigrant intent CANNOT be used against a H1 visa holder.

Make sure you mention in form DS156 that you've indeed applied for a immigrant visa.

 

[printent]

Thank you very much for your reply.

Did you come across any one, in recent times, who has been through this situation! It really helps boosting my plans particularly in the wake of TAL (if it has anything to do with dual intent)

Thank you folks.
printent
researchphys@yahoo.com

 

[max2k1]

Thank you very much for your reply.

Did you come across any one, in recent times, who has been through this situation! It really helps boosting my plans particularly in the wake of TAL (if it has anything to do with dual intent)

Thank you folks.
printent
researchphys@yahoo.com

Since its the LAW ( INA ), you don't really need a precedent to interpret it.
Its worded clearly -- among others H visas cannot be denied for showing an immigrant intent.

 

[alren]

Just a word of caution. Don't be shocked if it is rejected. Sometimes they might not be aware of the law. You can always mention it at the consulate (if it is rejected on that ground - Is it 221g? - ). Otherwise your attorneys can get things straight later.

 

[max2k1]

Just a word of caution. Don't be shocked if it is rejected. Sometimes they might not be aware of the law. You can always mention it at the consulate (if it is rejected on that ground - Is it 221g? - ). Otherwise your attorneys can get things straight later.

Its section 214(b)