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Travel to India after I140 approval and parents visiting in US currently

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  • Travel to India after I140 approval and parents visiting in US currently

    Hello Everyone,

    I would like to thank you all in advance for your answers/suggestions.

    Currently, I am on H1b (valid till 2020) and I was in the US when it was approved. My wife has her own separate J1 visa (valid till 2020). My I-140 petition (EB1A category) was approved in April 2018. Our one-year-old daughter was born in US.

    We are planning to visit India later this year to get H1B and J1 stamps respectively and were filing the DS160 forms for separate interviews in New Delhi Embassy.

    Currently, my parents are visiting us in the US. And they will go back to India before we appear for the interview for visa at the New Delhi Embassy.

    My queries/confusion:

    1. Is it safe to travel out of the country in my current situation (separate visas for both, I-140 approved, both parents in US)?

    2. Should I answer "Yes" or "No" for the question "Is your father/mother in the U.S?" (they are here now but will be in India when I appear for interview)

    If anyone has been in same situation and have traveled to India, I would be thankful if they can share their experience.

    Best wishes
    RJ

  • #2
    Originally posted by ranveerj View Post
    Hello Everyone,

    I would like to thank you all in advance for your answers/suggestions.

    Currently, I am on H1b (valid till 2020) and I was in the US when it was approved. My wife has her own separate J1 visa (valid till 2020). My I-140 petition (EB1A category) was approved in April 2018. Our one-year-old daughter was born in US.

    We are planning to visit India later this year to get H1B and J1 stamps respectively and were filing the DS160 forms for separate interviews in New Delhi Embassy.

    Currently, my parents are visiting us in the US. And they will go back to India before we appear for the interview for visa at the New Delhi Embassy.

    My queries/confusion:

    1. Is it safe to travel out of the country in my current situation (separate visas for both, I-140 approved, both parents in US)?

    2. Should I answer "Yes" or "No" for the question "Is your father/mother in the U.S?" (they are here now but will be in India when I appear for interview)

    If anyone has been in same situation and have traveled to India, I would be thankful if they can share their experience.

    Best wishes
    RJ
    1. Your I140 approval, etc. are irrelevant for your visa renewal since H1 is a dual intent visa.
    Just an opinion; Not legal advice.

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