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H1B stamping after I-140 approval

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  • H1B stamping after I-140 approval

    My H1B stamp on my passport has expired and hence I will need to get the visa stamped in my next trip to India. My H1B visa has been extended after stipulated 6 year due to PERM approval. The extension is for 1 year. I have heard that many people are getting stuck for months due to "adminstrative processing" where in a background check is performed.

    My question is
    A. If I have an approved I-140 (USCIS performs a background check during I-140 petion review) will there still be a chance of getting stuck due to background checks when I go for visa stamping.

    B. Will they stamp the visa only for the duration mentioned in the extension, or will they stamp automatically for 3 years since my I-140 is approved and am eligible for 3 year extension.

    Any feedback is duly appreciated.

  • #2
    A. If I have an approved I-140 (USCIS performs a background check during I-140 petion review) will there still be a chance of getting stuck due to background checks when I go for visa stamping.
    >>> Possible. The process is not different because you have an approved labor / I-140.

    B. Will they stamp the visa only for the duration mentioned in the extension, or will they stamp automatically for 3 years since my I-140 is approved and am eligible for 3 year extension.
    >>> Visa will be issued only till the expiry date of the approval notice.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks

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