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visiting on ESTA visa ,is that my 140 approval invalidated(GC processing is wiped)?

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  • visiting on ESTA visa ,is that my 140 approval invalidated(GC processing is wiped)?

    Hello Friends,
    I need really quick help
    I have Eb3 140 Approved with Priority date DEC/2007, which is current now
    Here is my situation,

    I am out Of USA and got UK citizenship,
    And I left the country and my H1B expired around 3 Years back .

    I spoke with the couple of companies, they will do the H1b transfer if I am in the USA, as I need to have interview attended and have Job offer

    It is possible for me to visit USA on ESTA (Visa waiver program) Visa, and get the Job offer in the USA and come back to get H1b Stamped.


    Here the only question i haveis if I visited on ESTA visa to the USA, is that my 140 approval will be invalidated, i mean is that reset my immigration status, so that I cannot use my 140 approval, with a priority date of DEC/2007.



    Regards

  • #2
    Originally posted by madhuwizkid View Post
    Hello Friends,
    I need really quick help
    I have Eb3 140 Approved with Priority date DEC/2007, which is current now
    Here is my situation,

    I am out Of USA and got UK citizenship,
    And I left the country and my H1B expired around 3 Years back .

    I spoke with the couple of companies, they will do the H1b transfer if I am in the USA, as I need to have interview attended and have Job offer

    It is possible for me to visit USA on ESTA (Visa waiver program) Visa, and get the Job offer in the USA and come back to get H1b Stamped.


    Here the only question i haveis if I visited on ESTA visa to the USA, is that my 140 approval will be invalidated, i mean is that reset my immigration status, so that I cannot use my 140 approval, with a priority date of DEC/2007.



    Regards
    Visa and GC are two different processes, and one does not invalidate the other. You are good to go for renewing your H1.
    Just an opinion; Not legal advice.

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