Hi Friends,
I have 1.4 yrs left on my I-797. My company filed LCA PERM and got approved. I am now traveling to Mumbai and i have to do stamping because VISA is expired long time back. I heard some rumors that if LCA PERM is approved and if you are going for stamping then there is a chance of rejection. They will think that you will be a future intended immigrant. I want following questions clarified.
1) In DS-160, there is a question: Has anyone ever filed an immigrant visa on behalf of you? i want to know whether approved LCA PERM is considered as immigrant VISA? Shall i say YES or no?
2) In VISA stamping, what should i answer if they will ask me that: how long do you intend to stay in USA? Shall I say as long as my VISA is valid OR as long as my company is interested.
3) The people who conduct the stamping interview will have access to DOL(Dept of Labor) details? will they know, that my LCA PERM is approved? They can also ask that my labor is approved so am i willng to stay longer in USA? My GC process is tarted by Labor that means i am future intended immigrant so is it a problem for stamping rejection?
3) My company is also filing my I-140 in next weekand i am flying to Mumbai on 25th Dec only for 3.5 weeks. I have to do stamping also. Shall i ask my company to wait till i come back and then file I-140? Because If they will file now, then my stamping will be in the middle of I-140 processing and i know that it is considered as Immigration VISA so there is a chance of H1B stamping rejection. Shall i ask them to wait to file 140?
I will really appreciate if you can answer soon. Thansk for reading and spenidng your time for this.
Regards,
Jigs.
I have 1.4 yrs left on my I-797. My company filed LCA PERM and got approved. I am now traveling to Mumbai and i have to do stamping because VISA is expired long time back. I heard some rumors that if LCA PERM is approved and if you are going for stamping then there is a chance of rejection. They will think that you will be a future intended immigrant. I want following questions clarified.
1) In DS-160, there is a question: Has anyone ever filed an immigrant visa on behalf of you? i want to know whether approved LCA PERM is considered as immigrant VISA? Shall i say YES or no?
2) In VISA stamping, what should i answer if they will ask me that: how long do you intend to stay in USA? Shall I say as long as my VISA is valid OR as long as my company is interested.
3) The people who conduct the stamping interview will have access to DOL(Dept of Labor) details? will they know, that my LCA PERM is approved? They can also ask that my labor is approved so am i willng to stay longer in USA? My GC process is tarted by Labor that means i am future intended immigrant so is it a problem for stamping rejection?
3) My company is also filing my I-140 in next weekand i am flying to Mumbai on 25th Dec only for 3.5 weeks. I have to do stamping also. Shall i ask my company to wait till i come back and then file I-140? Because If they will file now, then my stamping will be in the middle of I-140 processing and i know that it is considered as Immigration VISA so there is a chance of H1B stamping rejection. Shall i ask them to wait to file 140?
I will really appreciate if you can answer soon. Thansk for reading and spenidng your time for this.
Regards,
Jigs.
