Renewing visa during green card process

[bhatia]

Hi everyone,
Had a couple of questions regarding feasibility of leaving the country to renew the H1 visa if the green card process has been initiated.
How feasible is it to go back and what problems, if any, could possibly happen if we do leave the country?
Has anyone ever faced problems when they gone for visa renewal after initiating the labor certification.
Any advice would be appreciated.
Thanks

 

[GC_Lover]

I was able to leave the country, do my stamping in mumbai consulate and get back into the country without any problems. This was 2004 January though and I plan to do the same sometime in 2006, I have not seen any problems so far. All this when my GC is in process.

 

[rest_2004_free]

Fortunately I was...

one of the last persons to get the visa stamped within this country but I heard from several people that as long as you have all the paper work they need, there is no denial. I am sure you can talk the talk on their face to prove why you are going there etc....

I was able to leave the country, do my stamping in mumbai consulate and get back into the country without any problems. This was 2004 January though and I plan to do the same sometime in 2006, I have not seen any problems so far. All this when my GC is in process.

 

[gp111]

Hi everyone,
Had a couple of questions regarding feasibility of leaving the country to renew the H1 visa if the green card process has been initiated.
How feasible is it to go back and what problems, if any, could possibly happen if we do leave the country?
Has anyone ever faced problems when they gone for visa renewal after initiating the labor certification.
Any advice would be appreciated.
Thanks

H1/L1 are Dual Intent Visas.. So if you have filed for I-140/485 you can still get the Visa Stamped. Filing LC is not a problem for any visa at all.

 

[mitqb]

H1 8th year extension through different employer

Hi Gurus,

here's my situation - I am on my 7th year H1 due to expire Sep 2005 and am expecting my 8th year extension in a couple of weeks. This is on the basis of a pending Sep 2003 RIR filed by Company A in Illinois (Now in the Dallas BEC black hole).

My question is - If I take up a job with Company B in New Jersey, will I be able to transfer my H1 effective through Sep 2006 (not 2005)? Thanks!

 

[jus_watching]

No, no, no. Filing LC shows yor immigration intent. None of any non-immigration visas will be approved after this. Of course, you can choose to not reveal this.

when you go for your H visa stamping, the form asks you to state whether you have a pending application for an immigrant visa filed for you. (Q.36 on DS156). If you just have a pending LC or approved LA, then your answer to that question is No. Please consult with your lawyer if you have filed for and have a pending I-140 because that is the immigrant worker petition.