Scienctist
New Member
Hello,
I switched employers and got a new H1B approval last year. My new employer filed PERM LCA in July this year and it might get approved any time now. However, with the sudden retrogression issue, the company lawyers want to file I-140 and concurrent I-485 ASAP if LCA gets approved within this month.
I am planning to go to India this december for my sister's wedding. I have to get the H1B stamped in the consulate there. My questions are:
1. Does anyone have any experience/knowledge on if the visa stamping could be problem (because I clearly show intent of immigrating)? My company lawyers are saying that H1B is a dual intent visa and I can legally do it. But I could not find a single person who was brave/needy enough to do it.
2. If the visa is denied, is there any way to reapply or I am completely stuck there?
3. Is going to Canada safer than going to India to get this done?
Thanks to all in advance for any advice.
DM
I switched employers and got a new H1B approval last year. My new employer filed PERM LCA in July this year and it might get approved any time now. However, with the sudden retrogression issue, the company lawyers want to file I-140 and concurrent I-485 ASAP if LCA gets approved within this month.
I am planning to go to India this december for my sister's wedding. I have to get the H1B stamped in the consulate there. My questions are:
1. Does anyone have any experience/knowledge on if the visa stamping could be problem (because I clearly show intent of immigrating)? My company lawyers are saying that H1B is a dual intent visa and I can legally do it. But I could not find a single person who was brave/needy enough to do it.
2. If the visa is denied, is there any way to reapply or I am completely stuck there?
3. Is going to Canada safer than going to India to get this done?
Thanks to all in advance for any advice.
DM