H1b stamping in delhi (india) feb 2013

[NITESH MALHOTRA]

Hello all,

i am in 2nd year of my h1b and planning to go to india in feb2013. By that time my I140 will be filed and i will be left with 6 months of my h1b. If I go for stamping, will the US embassy will stamp me a visa , because its only 6 months left for getting it expired. Secondly how much time it takes to have a travel document in hand after approved I140 ,so that i can easily travel , skipping H1b stamping. Should i wait more time renew my h1b and then go. They might ask "why i haven't come before during my previous H1b".

[indian_guy0219]

I thought the travel document (advance parole) doesn't come into the picture until I-485 has been filed. Is that true?

[NITESH MALHOTRA]

I am not quite sure, But My Main Concern Is stamping, will The Embassy Stamp my Visa for 6 months ?

[abhishek78]

I thought the travel document (advance parole) doesn't come into the picture until I-485 has been filed. Is that true?

You are correct. Approved I-140 means nothing but unlimited times extension on H1B. Also as per my understanding, you dont get AP automatically with I-485. You need to apply for it along with I-485.

My personal opinion, if I were you, I wouldnt have traveled outside US without visa already stamped, when only 6 months left in that visa.

[NITESH MALHOTRA]

Its a 6 month left in H1b , I haven't went outside US since my 1st H1b, i will applying for extension in april, and it will be first time i will be traveling outside since my 1st H1b approved. So Is it a right decision to travel in Feb 2013 ?

You are correct. Approved I-140 means nothing but unlimited times extension on H1B. Also as per my understanding, you dont get AP automatically with I-485. You need to apply for it along with I-485.

My personal opinion, if I were you, I wouldnt have traveled outside US without visa already stamped, when only 6 months left in that visa.