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  • H1B stamping while GC in process

    I have H1B approval and been working for last 1.5 years. My GC application is filed and has received AP and EAD but I-140 and other doc are pending. I want to visit India and get H1B stamped and reenter on H1B. Is there any problem I should be aware of getting H1B stamped? Is applied GC is a problem or hurdle in getting H1B stamped? Please suggest.

  • #2
    H1B is for dual intent. If filing an immigration petition is a problem, then they should not let anyone in H1B status to file it at the first place. This is not an issues for your visa stamping.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by shervin143 View Post
      H1B is for dual intent. If filing an immigration petition is a problem, then they should not let anyone in H1B status to file it at the first place. This is not an issues for your visa stamping.
      Thanks Shervin. Actually it looks like everything depands on the consular in India. In present time they may give hardtime as consulate abroad may not understand the situation. As a senior member have you come across such cases who got H1B stamped?

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      • #4
        Plenty of people who have their I-140 approved have successfully got their H1B stamped. This is not a reason for concern.

        Originally posted by urhoneydz7 View Post
        Thanks Shervin. Actually it looks like everything depands on the consular in India. In present time they may give hardtime as consulate abroad may not understand the situation. As a senior member have you come across such cases who got H1B stamped?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          Plenty of people who have their I-140 approved have successfully got their H1B stamped. This is not a reason for concern.
          Thanks for the helpful info. My I-140 is not approved yet. Will it be of any concern for H1b stamping?

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          • #6
            Are you kidding here? I have repeatedly told you it is not an issue. Why do you keep asking the same question again and again?

            Originally posted by typsy12 View Post
            Thanks for the helpful info. My I-140 is not approved yet. Will it be of any concern for H1b stamping?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Originally posted by shervin143 View Post
              Are you kidding here? I have repeatedly told you it is not an issue. Why do you keep asking the same question again and again?
              Shervin, I do not feel that this is the place where somebody will like "kidding" on his/her case. If you have read carefully your own explanation just before my second query you would have got the idea about my concern. Second even if somebody wants to reconfirm with same question I think that is ok too and it should not be harshly responded. You telling repeatedly or once does not solve somebody's problem, though it may aid in planning. Thanks Anyway.

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              • #8
                Well, I think you should consult an immigration attorney in your case. The information that you get here is for free and you need to be able to understand the responses that is very clearly written in english. Right from the very first response I have clearly mentioned that H1B is for dual intent and it is never an issue when GC is under process to get the H1B stamped. You don't seem to get the point. Maybe you will be better off when you hear this from an attorney.

                Originally posted by typsy12 View Post
                Shervin, I do not feel that this is the place where somebody will like "kidding" on his/her case. If you have read carefully your own explanation just before my second query you would have got the idea about my concern. Second even if somebody wants to reconfirm with same question I think that is ok too and it should not be harshly responded. You telling repeatedly or once does not solve somebody's problem, though it may aid in planning. Thanks Anyway.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Originally posted by shervin143 View Post
                  Well, I think you should consult an immigration attorney in your case. The information that you get here is for free and you need to be able to understand the responses that is very clearly written in english. Right from the very first response I have clearly mentioned that H1B is for dual intent and it is never an issue when GC is under process to get the H1B stamped. You don't seem to get the point. Maybe you will be better off when you hear this from an attorney.
                  We all including you exchange info and experiences on this forum for free and even it is free, responding to others should not be taken as granted. I do not feel that anyone on this forum should be guided on their english skills and what seems to be clear to you to be taken as clear to all others. Regarding query, in your reply about most people with approved I-140 got H1B stamped itself lead to a query to ask about requirement of I-140 approval. You could have answer it just saying no or yes instead of showing your "skills" on others. If you can not respond appropriately to a query, it is better not to respond.

                  Comment


                  • #10
                    H1B stamping while GC in process

                    Hello Typsy, I think we all can show some restraint and respect towards senior members of this forum. Shervin is a senior and experienced member and I don't see anything that might have been told which could have offended you. If you still feel you haven't got you question correctly handled, please feel free to consult and attorney or other forums.Why end the year on a sour note?

                    Comment


                    • #11
                      Originally posted by raghvi View Post
                      Hello Typsy, I think we all can show some restraint and respect towards senior members of this forum. Shervin is a senior and experienced member and I don't see anything that might have been told which could have offended you. If you still feel you haven't got you question correctly handled, please feel free to consult and attorney or other forums.Why end the year on a sour note?
                      Hi Raghvi, I do not ever intend to begin or end "mine as well others year" with any offending comments. Nothing against any of the members, this is the end of my posts here. Happy New Year to All.

                      Comment


                      • #12
                        Originally posted by raghvi View Post
                        Hello Typsy, I think we all can show some restraint and respect towards senior members of this forum. Shervin is a senior and experienced member and I don't see anything that might have been told which could have offended you. If you still feel you haven't got you question correctly handled, please feel free to consult and attorney or other forums.Why end the year on a sour note?
                        hello Typsy, even i agree with raghvi...please show some respect towards the senior members of this forum. if you haven't still got answers to ur question than consult an attorney...there is no need to show your frustration here...

                        Comment


                        • #13
                          Originally posted by mira View Post
                          hello Typsy, even i agree with raghvi...please show some respect towards the senior members of this forum. if you haven't still got answers to ur question than consult an attorney...there is no need to show your frustration here...
                          Mira, you should also get some sense of writing to others. Even I tried to end the conversation which was not going in the correct direction, you are trying to jump in and reiterate the things which shows your frustration ( not sure what might be the actual reason). Respect comes with respecting others.

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