H1B visa stamp before I140?

[sr444]

Does it complicate your H1B visa interview if you have filed for an immigrant visa such as I140?

H1B is dual intent so *technically* there is no problem. However, is it a problem in practice?

I have filed my PERM LC and have the opportunity to get my visa stamp before filing the I140/I485. It will require a trip to Canada now, which is an inconvenience I'm trying to avoid. Ideally, I'd like to get the visa during a future trip to India.

I have an expired H1B visa from my current company, and also an advanced degree from a US university.

Thanks,
SR444

 

[ginnu]

Does it complicate your H1B visa interview if you have filed for an immigrant visa such as I140?
--------not becasue of I-140 filing
H1B is dual intent so *technically* there is no problem. However, is it a problem in practice?

I have filed my PERM LC and have the opportunity to get my visa stamp before filing the I140/I485. It will require a trip to Canada now, which is an inconvenience I'm trying to avoid. Ideally, I'd like to get the visa during a future trip to India.

I have an expired H1B visa from my current company, and also an advanced degree from a US university.
---------------------- if you have US degree then good chances of getting H1 stamp from US consulate in Canada/mexico
Thanks,
SR444

 

[max2k1]

Does it complicate your H1B visa interview if you have filed for an immigrant visa such as I140?

H1B is dual intent so *technically* there is no problem. However, is it a problem in practice?

I have filed my PERM LC and have the opportunity to get my visa stamp before filing the I140/I485. It will require a trip to Canada now, which is an inconvenience I'm trying to avoid. Ideally, I'd like to get the visa during a future trip to India.

I have an expired H1B visa from my current company, and also an advanced degree from a US university.

Thanks,
SR444

Not at all ... there is no "technically" dual intent with H1.
H is dual intent - period.

I've not heard of complications with H stamping solely due to filing 140 and/or 485. Those that had problems, would've had those problems even with just plain H (issues w/ company, with education, pay discrepancies, benching etc etc -- none of which is related to immigrant intent).

So don't worry.

 

[Sc3]

140 is not an immigrant visa application, 485 is. There is a question in DS156 where you need to answer if you have a pending immigrant visa - if you have not filed 485, you can say NO to the question.

 

[great guru]

I140 is an Immigration Petition.

140 is not an immigrant visa application, 485 is. There is a question in DS156 where you need to answer if you have a pending immigrant visa - if you have not filed 485, you can say NO to the question.

Sc3, I140 and I 130 are immigration visa petition. I 485 is just adjust the status based on the I 140 or I 130 immigration visa approval.



You must say yes in DS 156, if you applied for I 130 or I 140 applied or approved. If you put No, in the future you may even denied your green card
at US Embassy.

People those who are going for Counselor processing based on I 140 approval or relatives those who are staying thier home country waiting for thier PD to became current after their I 130 approval, they never come acreoss I 485 at all. You mean to say that they are not pending immigrant.

usualyy they will not be issued any non immigration visa F or B, but H1 possible.


But Labor certification, PERM is not an Immigration petition.