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can I apply for I-140 and travel to India to get H1 stamped

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  • can I apply for I-140 and travel to India to get H1 stamped

    I have a H1B that I started while in the US, in 2010. I therefore only have an EAD card for my H1 and this is not yet stamped in my passport. I need to travel to India but also need to apply for my green card under NIW at the same time. Though H1B is a dual intent visa ( and in theory this allows me to apply for a GC) and I know I can travel after applying for I-140 ( as long as I haven't yet applied for I-485) I am nervous if I will have any problems with getting my H1 stamped in my passport should they know that I have an 'intent to immigrate' . Anybody gone through this kind of a situation before or have any suggestions?

  • #2
    What do you mean you have EAD for H1? It does not make sense.

    In any case, application for green card does not cause any problem for H1 petition or stamping.
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    • #3
      Sorry I meant to say that my I797 A approval notice for my H1B started in the US. Right now this the only piece paper that I have to say that I am on a H1B( and this is not yet stamped in my passport).Since they I haven't been outside the country since getting my H1 my H1 hasn't been stamped in my passport. However, I need to travel to India sometime soon. Before travelling to India I need to apply for my I-140 under NIW. Therefore when I try to get back to the US from India I need to have my H1B stamped in my passport. So when I go for the visa interview in India to get my H1 stamped in my passport I am just wondering if there will be problems if they get to know that I have applied for my I-140 (in other words I have intentions of immigrating else I would not have even applied for my I-140 in the first place). I know that one could argue that H1B is a dual intent visa and that one could show intent to immigrate but I am also nervous about this aspect.
      ON the other hand this also leads me to another question. If I were to apply for my I-140 and 485 simultaneously under NIW (say I apply for premium processing of my I-140) approximately how many days after my 1-140 approval can I get an advance parole. If I were to apply for my I-140 and 485 at the same time is it possible to get an advance parole within 3 month of my I-140 approval. So in that case will I be able to travel to India and then get back to the US on advance parole without having to get my H1B stamped in my passport? Also I do not know how advance parole works...... does one need to separately apply for this or is this something that automatically kicks in once my I-140 is approved?
      Thanks

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      • #4
        Originally posted by nealspec View Post
        Sorry I meant to say that my I797 A approval notice for my H1B started in the US. Right now this the only piece paper that I have to say that I am on a H1B( and this is not yet stamped in my passport).Since they I haven't been outside the country since getting my H1 my H1 hasn't been stamped in my passport. However, I need to travel to India sometime soon. Before travelling to India I need to apply for my I-140 under NIW. Therefore when I try to get back to the US from India I need to have my H1B stamped in my passport. So when I go for the visa interview in India to get my H1 stamped in my passport I am just wondering if there will be problems if they get to know that I have applied for my I-140 (in other words I have intentions of immigrating else I would not have even applied for my I-140 in the first place). I know that one could argue that H1B is a dual intent visa and that one could show intent to immigrate but I am also nervous about this aspect.
        ON the other hand this also leads me to another question. If I were to apply for my I-140 and 485 simultaneously under NIW (say I apply for premium processing of my I-140) approximately how many days after my 1-140 approval can I get an advance parole. If I were to apply for my I-140 and 485 at the same time is it possible to get an advance parole within 3 month of my I-140 approval. So in that case will I be able to travel to India and then get back to the US on advance parole without having to get my H1B stamped in my passport? Also I do not know how advance parole works...... does one need to separately apply for this or is this something that automatically kicks in once my I-140 is approved?
        Thanks

        Hi,

        I have a similar question. Were you able to get this resolved?

        Did you have a problem during the H1B stamping while your I-140 petition was under processing?

        Thanks!

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