H4 Stamping on PERM approval in India

[JHJ]

Hello All,

I am on my 7th year of H1B. I got 7th year H1B extension based on PERM filled 365 days ago. PERM is already approved but I140 is still pending after RFE.

Can my spouse and kid can go India and come back after doing visa stamping based on approved H1B extension on PERM and still I140 NOT approved. Does it impact I140 process?

Thanks in Advance!!

[devspace]

Hello All,

I am on my 7th year of H1B. I got 7th year H1B extension based on PERM filled 365 days ago. PERM is already approved but I140 is still pending after RFE.

Can my spouse and kid can go India and come back after doing visa stamping based on approved H1B extension on PERM and still I140 NOT approved. Does it impact I140 process?

Thanks in Advance!!

yes you can. PERM and 140 are two different entities. But do keep in mind that visa extension that you have gained based on perm approval is valid only for a year. Based on what you wrote, it seems you are already in that 1 year validity period and i am not sure how many months more of validity is left . It is generally not advised to get too close to visa validity date and travel back again as it may trigger certain questions when you try to enter US again with very short VISA validity. if you have like 11 or 10 more months left out of 1 year, you are good to go.

I am not an expert so please do seek legal/expert opinion.

[JHJ]

yes you can. PERM and 140 are two different entities. But do keep in mind that visa extension that you have gained based on perm approval is valid only for a year. Based on what you wrote, it seems you are already in that 1 year validity period and i am not sure how many months more of validity is left . It is generally not advised to get too close to visa validity date and travel back again as it may trigger certain questions when you try to enter US again with very short VISA validity. if you have like 11 or 10 more months left out of 1 year, you are good to go.

I am not an expert so please do seek legal/expert opinion.

I am having 8 Months left H1b petition. Is it safe to travel back?