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O-1 visa stamping after approved I-140 (I-485 is not filed yet)

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  • O-1 visa stamping after approved I-140 (I-485 is not filed yet)

    I am working on O-1 status and need to travel internationally and go for O-1 visa stamping. My I-140 is approved on EB-1 category. I have not filed I-485 yet due to retrogression. Is it safe to go for O-1 stamping in this situation.

    Has anyone experienced this situation before ?

    Thanks.

  • #2
    I was able to get O-1 visa stamp without any issues,. I did answer Yes to the question on DS-160 about immigrant petition. I provided the corresponding receipt number and also included the following statement as suggested by my lawyer. "8 CFR 214.2(o) (13) and 9 FAM 402.13-5(B) state that an alien may be granted O-1A status while lawfully seeking to become a permanent resident of the U.S." During visa interview, no questions were asked about my approved I-140.

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    • #3
      thank you for providing update.
      Could you please share Q & A for your interview at consulate.
      Would really appreciate your response.

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      • #4
        I am in India stranded!!! My O1 was refused on the basis that I was on J1 and have not been approved for a two year home waiver. She gave me a green slip and asked me to submit the waiver approval letter before she will approve the visa. I always thought (even my attorney) that O1 is the only visa that I can apply as a J1 even with two year home return. Am I wrong? anybody has any more information or suggestion.

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        • #5
          Originally posted by ahkbits View Post
          I am working on O-1 status and need to travel internationally and go for O-1 visa stamping. My I-140 is approved on EB-1 category. I have not filed I-485 yet due to retrogression. Is it safe to go for O-1 stamping in this situation.

          Has anyone experienced this situation before ?

          Thanks.
          Could you please mention the Q/A that you faced during O1 visa interview?

          Thanks in advance.

          Comment

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