Travelling on H1-B (not stamped) while I485 is pending

[koolck]

Hi All,

I have applied for I-485 recently and i plan to travel to india in Jan 2004. I have H1-B visa till Jun 2005 but i dont have it stamped on my passport.

Will it be okay to get my passport stamped when i go to india, since i dont have my AP yet. Will there be any problems with getting my H1-b stamped?. I plan to get married early next year so i would like to keep options open to bring my wife.


thanks
koolck.

 

[dynobuoy]

Originally posted by koolck
Hi All,

I have applied for I-485 recently and i plan to travel to india in Jan 2004. I have H1-B visa till Jun 2005 but i dont have it stamped on my passport.

Will it be okay to get my passport stamped when i go to india, since i dont have my AP yet. Will there be any problems with getting my H1-b stamped?. I plan to get married early next year so i would like to keep options open to bring my wife.


thanks
koolck.

If you have all the documents, will not have any trouble. Check your consulate if you can avail the drop-box facility for H1B stamping. And don't volunteer about your pending 485 petition to the immigration officer.

And congratulation on your marriage.

hth
dyno

 

[comerhop]

But on the forms for Visa extension (DS 156) there is a question:

36.Has anyone ever filed immigration visa petition on your behalf ?
If yes who ?


How do we respond to this question and what are the implications ?
Bcos one might have an I 140 approved.

 

[TheRealCanadian]

Originally posted by comerhop
How do we respond to this question and what are the implications? Bcos one might have an I 140 approved.

If you have a filed (never mind approved) I-140 you MUST answer yes to this question. It is not a problem if you do; L and H visas explicitly allow dual intent and you cannot be denied a visa for this reason.