Visiting India while LC pending

C

chimi

Registered Users (C)
Hi folks,

My labor is pending here in Atlanta and I am planning to visit India. I have a valid change of status to H-1, but it's not stamped on my passport. So, I will have to get it stamped in India.

On the visa application form, I remember that they ask you if you are planning to immigrate to US. I will have to say "YES", but I am not sure if then they could/would refuse my visa.

Has anyone been in a similar situation? Can you please share your experiences?

Thanks,

Chimi...
 
First, H-1 allows dual intent.
Second, as far as I remember (its been a while since I filled that form) the question asks if an immigration petition has been filed on your behalf. That means I-140, not labor certification. So if that's the only question you are worried about, and you have not filed 140 yet, say "no" on that one.
 
chimi

regarding the question.. just write NO because it is ment for I-485 not for Labor. & You already are on H1 it's just you do not have stamp on your passport so do not worry they can't refuse that
 
Wow!! that does sound comforting.....

Yeah, you guys are right. It does mean if I have applied for immigration and I am still in LC stage.

Don't know how long LC's going to take though. They are still doing Apr 2001 cases, here in FL.

Thanks,

Chimi....
 
You must log in or register to reply here.
Top