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H1B renewal with I-140 filed

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  • H1B renewal with I-140 filed

    My I-140 has just been filed. This January I am going to India (Kolkata) for my H1 restamping (4th-6th year).
    If I'm asked about my plan to stay in USA, I'd answer that once the project is done, I'll be back. But then how should I justify the fact that an immigrant petition has been filed from my company? I mean, can this create any issue?

    Thanks

  • #2
    H/L may travel and have "dual intent" to get LPR--it's OK

    An H or L visa allows you to have "Dual Intent" meaning that you may continue to live and work in the U.S. on your nonimmigrant visa while simultaneously pursuing immigrant status.

    Once your adjustment application is filed you may continue to travel on an H or L visa without having to get Advance Parole and your I-485 will not be deemed abandonded.

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