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H1B stamping in Europe after spouse gets I-140 approval

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  • H1B stamping in Europe after spouse gets I-140 approval

    Hello

    I've recently received the I-140 (EB1-EA) approval, and am preparing to file the I-485 for me and my wife. My wife has a visa stamp from Company A (expires in 9/2012). However, she has since moved to a dependent visa, and now works for another company B with an H1B.

    a. If she travels now (needed for a business trip), will she need another visa stamp, or will the earlier H1B stamping work okay?
    b. If she does need a new visa stamp, is it safe to do it in the US Consulate in Germany (both are Indian citizens)?
    c. Is it better to file the I-485 after she comes back? Or is it okay to go for stamping once the I-485 receipt notice is received?

    Any pointers will be highly appreciated!

    Thank you all.

  • #2
    She can use the existing valid visa and new company's petition to return to the US. Remember if she has an I-485 pending at the time she leaves the US, she may also be required to have advance parole to leave.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      She can use the existing valid visa and new company's petition to return to the US. Remember if she has an I-485 pending at the time she leaves the US, she may also be required to have advance parole to leave.
      Thanks for your reply, kabkaba -- I hope I managed to attract your attention to the fact that she had moved to a dependent visa between the two jobs. Does your suggestion remain same? Just making sure.

      Thanks again!

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      • #4
        Yes. As long as the visa in her passport is valid and not canceled, she can use it. It does not matter whether the previous petition was revoked or not and whether she changed status in between.
        This is my opinion and not legal advice.

        Comment

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