I came to US in J1 visa. After getting the waiver, now I have H1 visa. However, I do not have H1 stamp on my passport. I have filed only I140 last month. Now, I intend to visit India. Under the present circumstances, it will be difficult for me to convince the consulate officer my intention of not to have permanent residency in US. If I visit India now, will there be any problem getting the H1 visa stamped on my passport at the American Consulate office at Mumbai?
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H1 visa stamping
- Thread starter richa04
- Start date
Came to US in J1 visa. After getting the waiver, now I have H1 visa.
---- H1 has dual intent
However, I do not have H1 stamp on my passport. I have filed only I140 last month. Now, I intend to visit India. Under the present circumstances, it will be difficult for me to convince the consulate officer my intention of not to have permanent residency in US.
--- You don’t need to convince the consulate officer one can have immigrant intent on H, L O type visa status. You are on H1 and write on DS-156 that immigration petition has been filed for you and it will have no problem, you have dual intent.
If I visit India now, will there be any problem getting the H1 visa stamped on my passport at the American Consulate office at Mumbai?
---- No problem because of filing I-140.
*** If you filed I-140 last month, I hope you received I-140 filing receipt. Why did not you file I-485 EAD AP with I-140? Still you can file I-485, EAD, AP with I-140 filing receipt, you may get AP approved in 60-90 days and can keep AP as back up.
---- H1 has dual intent
However, I do not have H1 stamp on my passport. I have filed only I140 last month. Now, I intend to visit India. Under the present circumstances, it will be difficult for me to convince the consulate officer my intention of not to have permanent residency in US.
--- You don’t need to convince the consulate officer one can have immigrant intent on H, L O type visa status. You are on H1 and write on DS-156 that immigration petition has been filed for you and it will have no problem, you have dual intent.
If I visit India now, will there be any problem getting the H1 visa stamped on my passport at the American Consulate office at Mumbai?
---- No problem because of filing I-140.
*** If you filed I-140 last month, I hope you received I-140 filing receipt. Why did not you file I-485 EAD AP with I-140? Still you can file I-485, EAD, AP with I-140 filing receipt, you may get AP approved in 60-90 days and can keep AP as back up.
No......
You have to go out of US and get it done.
You have to go out of US and get it done.
Originally posted by richa04
Thank you Ginnu for your advice. Another question: Can I get the H1 visa stamped on my passport for the fisrt time, while I am in USA or by some otherway? Please reply.