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  • Travel after 1-140 approval

    Hi All,

    I am from India and have been in USA since 2013, came in on a H1B Visa.
    In 2015, i changed my employer and filed a new H1B which is approved till 2018.

    Currently my initial visa on the passport has expired and i am here on the i-94 of my new H1B petition.
    Meanwhile my new employer filed my PERM (Priority date of 06/2016) and i-140 is also approved in EB2 on 01/2017.

    I have travel plans in 02/2017 and planning to go for the visa interview for my new approved H1B petition.

    Does it make any difference that my i-140 is approved?
    Can i just go for the visa interview as a normal H1B petition?
    Am i allowed to travel with i-140 approved? Is there any special process to be followed?

    Appreciate quick suggestions as i do not have much time.

  • #2
    (1) No; I140 acceptance has no effect.
    (2) Yes
    (3) I140 acceptance or otherwise has nothing to do with travel. You are confusing with I485 (adjustment of status) filing.
    Typical wait times for EB2 cases from India is more than 8yrs. So, if I140 acceptance prevents travel, you can understand the problems it would cause. Once again I140 can be filed only by the employer for any potential employee located anywhere, while I485 has to be filed only by some one already in the US applying for adjustment of status (and hence the travel restriction until obtaining advance parole).
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by scientist2016 View Post
      (1) No; I140 acceptance has no effect.
      (2) Yes
      (3) I140 acceptance or otherwise has nothing to do with travel. You are confusing with I485 (adjustment of status) filing.
      Typical wait times for EB2 cases from India is more than 8yrs. So, if I140 acceptance prevents travel, you can understand the problems it would cause. Once again I140 can be filed only by the employer for any potential employee located anywhere, while I485 has to be filed only by some one already in the US applying for adjustment of status (and hence the travel restriction until obtaining advance parole).
      Thank You. This is helpful.

      Comment


      • #4
        Can you please give me an update about your travel and interview process?

        Originally posted by vinodmallapu View Post
        Thank You. This is helpful.
        Can you please give me an update about your travel and interview process at consular office in India?

        I'm in same situation and planning to travel for a couple weeks vacation.. needs to get my H1B VISA stamped.

        1. Had any issues during consular interview? Any special questions asked?
        2. Got approved right away? Or Went through administrative processing?
        3. Any issues at Port Of Entry?

        My situation:

        1. H1B is expiring in Feb 2019
        2. Passport is expiring Sep 2018
        3. Planning to travel by Nov 2017
        4. I-140 is approved on EB3.

        Thanks

        Comment

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