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Hi folks. Got a question that hopefully someone can help me with. My employer is attempting to get a green card for me, but frustratingly PERM got denied. While this is a complex, separate issue, the question here pertains to my current H1B status and getting an updated stamp at the embassy in my home country. For context, we are undecided whether we will apply for reconsideration, or start the whole process again.
I am currently in my 6th year of H1B status, and my stamp expired last June. My current H1B status is valid until January 2021. My company and personal immigration attorney are giving different opinions on going back home to renew my H1B stamp. I have not seen my family for over 18 months due to demands of the job, and hoping the whole green card process will be complete by now. I want to travel and get my stamp updated. I was advised that because the PERM process has been started, I technically have immigrant intent, and that if I apply for a H1B stamp with consular processing, they could potentially find me ineligible for a non-immigrant visa. Although this visa is dual-intent, which gives me cause to believe it will be ok.
Does anyone have a similar experience? Because my PERM was denied, technically we are not in the process of making me become an immigrant, so I could either go now to get it renewed before they initiate another application, or does it not matter if PERM is processing?
If this is going to drag out much longer, I do not want to be stuck here away from visiting family.
Thanks
I am currently in my 6th year of H1B status, and my stamp expired last June. My current H1B status is valid until January 2021. My company and personal immigration attorney are giving different opinions on going back home to renew my H1B stamp. I have not seen my family for over 18 months due to demands of the job, and hoping the whole green card process will be complete by now. I want to travel and get my stamp updated. I was advised that because the PERM process has been started, I technically have immigrant intent, and that if I apply for a H1B stamp with consular processing, they could potentially find me ineligible for a non-immigrant visa. Although this visa is dual-intent, which gives me cause to believe it will be ok.
Does anyone have a similar experience? Because my PERM was denied, technically we are not in the process of making me become an immigrant, so I could either go now to get it renewed before they initiate another application, or does it not matter if PERM is processing?
If this is going to drag out much longer, I do not want to be stuck here away from visiting family.
Thanks
